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Succession and Community of Donat Guidry (d. 1850).
Submitted by Mary Nett
Source: St. James Parish District Court Records
Donat was the son of Isabelle Comeaux and Joseph Guidry, and one of the Guidry's
with
sugar plantations on the east side of the Mississippi, "about 59 miles above the
town of
New Orleans". There are a number of papers included here, as members of
the family
filed suit to force an inventory and sale of the estate.
District Court, Parish of St. James
Estate of Donat Guidry
Petition of Anastasie Guidry, Widow Louis Nicolle praying for an inventory of
said estate
and the delay to deliberate.
SM Berault of Counsel
Filed 23rd December 1850
TS Gaudet Clerk
Let a true and faithful inventory of all the effects situated in this Parish
belonging to the
Succession and Community of the late Donat Guidry be taken by JB Ferchand Not.
Pub.
on behalf of all parties involved. Let also Messrs. Jean Baptiste, Edouard
Lambert and
Louis Guidry freeholders of this Parish be appointed, the two first as
appraisers and the
last as umpire to value said property in oath.
Let petitioner be allowed the delays to deliberate whether she will accept said
Succession
and Community of said Donat Guidry under benefit of inventory.
Parish of St. James
23rd December 1850
TS Gaudet, Clerk
To the Honorable the Judge of the Fourth Judicial District Court of the State of
Louisiana
in and for the Parish of Saint James
The petitioner Anastasie Guidry Widow Louis Nicolle, residing in the Parish of
Saint
James, State of Louisiana
Respectfully represents
That Donat Guidry died on or about the 12th day of November 1850 in the Parish
of
Saint James wherein ___ the said Donat Guidry had at the time of his death his
fixed
domicile, leaving the surviving wife named [] Widow by first marriage of the
late
Benjamin [] and of second marriage of the said Donat Guidry and the following
named
persons as his legal representatives and heirs [], to wit:
Firstly, the issue of the late Donat Guidry by his first marriage with Rosalie
Bourg his
predeceased wife, to wit: 1. This petitioner;2. Donat Guidry; 3.
Clemence Guidry
Veuve Jean Theriot; 4. Louis Guidry; 5. Manette Guidry wife of []
Bonnecage; 6.
Orelia Guidry, a minor represented by her natural tutor Rosalie Oubre Widow
Placide
Guidry, said Orelia Guidry being called to the Succession of her late
grandfather the said
Donat Guidry deceased by right of representation of her late father Placide
Guidry,
predeceased son of the said Donat Guidry deceased; 7. [] Rome a minor,
Donat Rome a
minor, David Rome a minor, Eulalie Rome a minor and Augustin Rome a minor
represented by their natural tutor Sebastian Rome, all said minor children
coming to the
Succession of their late grandfather the said Donat Guidry by right of
representation of
their deceased mother Eulalie Erasie Guidry, deceased wife of Sebastian Rome and
predeceased daughter of the said late Donat Guidry.
Secondly, the issue of the said Donat Guidry deceased by his second marriage
with []
Widow by first marriage of the late Benjamin Oubre and Widow by second of
the said
Donat Guidry, to wit: 8. Edmund Guidry; 9. Eugene Guidry; 10.
Adele Guidry wife of
Prospere Plaisance and 11. Auguste Guidry, all said heirs and parties
aforesaid residing
in the Parish of St. James with the exception of the said Donat Guidry who
resides in the
Parish of Ascension.
That the said Donat Guidry deceased left property and effects situated in the
Parish of St.
James belonging in part to his Succession and in part to the community which
existed
between said deceased and his surviving wife [] Widow by first of Benjamin Oubre
and
be second marriage of said Donat Guidry.
That for preservation of the effects of said Succession and community it is
necessary that
a public inventory thereof should be taken in order to enable said petitioner
and others in
interest to accept said Succession under the benefit of inventory.
Wherefore petitioner prays that a true and faithful inventory of all the effects
(situated in
the Parish of St. James) and belonging to the Succession or community of the
late Donat
Guidry be ordered to be taken by JB Ferchand Notary Public in aforesaid Parish,
that
Donat Guidry, residing in the Parish of Ascension, Clemence Guidry Widow Jean
Theriot, Louis Guidry, Manette Guidry wife of [] Bonnecage and her said husband,
Rosalie Oubre Widow Placide Guidry, natural tutor of Orelia Guidry, Sebastian
Rome,
natural tutor of his aforesaid five minor children. Edmond Guidry, Eugene
Guidry,
Adelaide (sic) Guidry wife of Prospere Plaisance and her said husband, Auguste
Guidry
and this petitioner be ordered to be notified to attend of ________ at the
taking of the
said inventory.
Petitioner further prays three competent persons be appointed and sworn to act
two as
appraiser and the third as umpire to rate under oath said property.
Petitioner finally prays to be allowed the delays to deliberate whether she will
accept said
Succession and community of the said Donat Guidry under benefit of inventory.
And as in duty bound
SM Berault Counsel for petitioner
Estate of the late Donat Guidry
State of Louisiana
Fourth Judicial District Court
Parish of St. James
Whereas Tecle Nicolle of the Parish of St. James has applied to the above named
Court,
in order to be appointed Administrator of the Estate of Donat Guidry,
Public notice is hereby given to all parties concerned to file in writing within
ten days
from the date of notice hereof, at the office of the Clerk of said Court, why
the prayer of
said petitioner should not be granted.
By order of said Court,
TS Gaudet, Clerk
Parish of St. James, 23rd December 1850
Le Messager
Journal Politique, Litteraire, Agricole et Commercial
Vol. V; No. 23;Paroisse Saint-Jacques
28 December 1850
State of Louisiana
4th Judicial District Court
Parish of St. James
Estate of the late Donat Guidry
Whereas Tecle Nicolle of the Parish of St. James, has applied to the above named
Court
in order to be appointed administrator of the Estate of Donat Guidry.
Public notice is hereby given to all parties concerned to file in writing within
ten days
from the date of notice hereof, at the Office of the Clerk of said Court, the
reasons, why
the prayer of said petitioner should not be granted.
By order of said Court
TS Gaudet, Clerk
Parish of St. James, 28th December 1850
Estate of Donat Guidry
State of Louisiana
Fourth Judicial District Court
Parish of St. James
Know all men by these presents that we Tecle Nicolle of this Parish as
principal, and
Jean Phillippe Boucry, also of this Parish, as security in solido, acknowledge
ourselves to
be jointly and severally indebted unto Albert Duffel, Judge of the Fourth
Judicial District
Court in and for the Parish of St. James, State of Louisiana, or unto his
successors in
office in the sum of Nine thousand Four hundred twenty four Dollars ($9424.00)
lawful
and current money of the United States of America; which sum we and each of us
promise to pay jointly and severally as aforesaid.
Done and signed in the Parish of St. James this sixth day of January AD eighteen
hundred
and fifty one.
The condition of the above bond is such, that whereas the said principal Tecle
Nicolle
has been duly appointed and confirmed Administrator of the Estate of Donat
Guidry
dec'd;
Now therefore, if the said Tecle Nicolle does render a true and faithful account
of
Administration of said Estate and pay over to such as are entitled thereto all
such sums
which he may or should have collected, and if further he performs all and
singular the
duties incumbent on him as Administrator aforesaid, then and in that case, the
above
bond to be null and void, otherwise to remain in full force and virtue.
Three words
erased, with two words in the margin approved.
Tecle Nicolle
JP Boucry
State of Louisiana
Fourth Judicial District Court
Parish of St. James
I, Tecle Nicolle do solemnly swear that I will well and faithfully discharge and
perform
all and singular the duties incumbent on me as Administrator of the Estate of
Donat
Guidry, according to the best of my abilities and understanding. So help
me God.
Tecle Nicolle
Sworn to and subscribed at the Parish of St. James, this sixth day of January AD
eighteen
hundred and fifty one.
Before me,
TS Gaudet, Clerk
Estate of the late Donat Guidry
Notice for Admin.
Filed 6th February 1851
TS Gaudet, Clerk
State of Louisiana
Fourth Judicial District Court - Parish of St. James
This shall certify to all whom it may concern that by virtue of a decree of the
above
named court, dated this sixth day of January AD 1851, Tecle Nicolle of the
Parish of St.
James has been duly appointed and confirmed Administrator of the Estate of the
late
Donat Guidry and that he has this day taken the oath and given the security
agreed by
law.
In faith whereof witness my hand and seal of said Court, set and affixed at the
Parish of
St. James this sixth day of January AD 1851.
TS Gaudet, Clerk
District Court, Parish of St. James
Succession and Community of Donat Guidry
Joint Petition of Tecle Nicolle Administrator, Widow Louis Nicolle and others
for a sale
and partition of property belonging to said succession and community.
SM Berault of Counsel
Filed 22nd January 1851
TS Gaudet, Clerk
To the Honorable the Fourth Judicial District Court of the State of Louisiana
holding
sessions in and for the Parish of St. James.
The joint petition of Tecle Nicolle, residing in the Parish of St. James, herein
acting as
the Administrator of the Succession of the late Donat Guidry, opened in said
Parish; of
Anastasie Guidry Widow Louis Nicolle - Clemence Guidry Widow Jean Theriot -
Louis
Guidry - Manette Guidry wife of Laurent Bonnecage herein duly assisted and
authorized
by her said husband - Edmund Guidry - Eugene Guidry - Adele Guidry wife of
Prospere
Plaisance herein duly assisted and authorized by her said husband - Auguste
Guidry all
residing in the Parish of Saint James and of Donat Guidry residing in the Parish
of
Ascension, State of Louisiana.
Respectfully Represents
That Donat Guidry died on or about the 12th day of November 1850 in the Parish
of St.
James, where his succession has been duly opened, leaving therein property both
movable and immovable and the following named persons as his legal and
legitimate
heirs, to wit:
1. Anastasie Guidry widow Louis Nicolle
2. Clemence Guidry widow Jean Theriot
3. Louis Guidry
4. Manette Guidry wife of Laurent Bonnecage
5. Edmund Guidry
6. Eugene Guidry
7. Adele Guidry wife of Prospere Plaisance
8. Auguste Guidry
all of the Parish of St. James
9. Donat Guidry of the Parish of Ascension
all said nine heirs being part of your above named joint petitioners.
10. Orelia Guidry a minor called to the succession of her grand father the said
late Donat
Guidry by right of representation of her father Placide Guidry, a predeceased
son of said
Donat Guidry. Said minor Orelia Guidry being represented by her natural
tutor Rosalie
Oubre widow Placide Guidry residing in the Parish of St. James - and
11. the following named grand children coming to the succession of their grand
father the
late Donat Guidry by right of representation of their mother Eulalie Erasie
Guidry
deceased wife of Sebastian Rome and predeceased daughter of said Donat Guidry,
to wit:
1.Sebastian Rome
2.David Rome
3.Donat Rome
4.Eulalie Rome
5.Augustin Rome
all minors represented by their natural tutor Sebastian Rome residing in the
Parish of St. James.
That a public inventory of all the property belonging to the succession of the
said Donat Guidry deceased and of all the property appertaining to the
community of gains which during marriage existed between the said deceased
Donat Guidry and his surviving wife Henriette Ragman Widow by first marriage of
Benjamin Oubre and Widow by second of said Donat Guidry was taken by JB
Ferchand Notary Public in and for the Parish of Saint James and our
appraisement thereof made on the 28th day of December 1850 can be more fully
seen by reference to the duly certified copy of the proces verbal of said inventory of record in this Honorable Court.
That your petitioners (with the exception of Said Tecle Nicolle Administrator of
said estate) are, together with the aforesaid minor heirs Guidry and Rome, the
sole joint and undivided owners and holders in common of the following
described real estate and named slaves, all the separate property of the late
Donat Guidry and belonging exclusively to his succession - to wit:
1. A tract of land cultivated as a sugar plantation situated in the Parish of
St. James on the left bank of the Mississippi river at about fifty nine miles
above the city of New Orleans measuring One arpent and two thirds front on said
river by forty arpents in depth, more or less, closing in the rear bounded
above by land belonging to Jean Baptiste Poche and below by a tract of land
hereinafter described and belonging exclusively to the late Donat Guidry
together with the buildings and improvements thereon and thereto belonging with
the exception of a small house three horses and housewares belonging to Edmund
Guidry.
2. Another tract of land (contiguous to the above described tract of land)
measuring one
half arpent front on the said river by forty arpents in depth closing more or
less in the
rear, bounded above by the tract of land above described and below by that of
Mr. Louis
Guidry together with all the buildings and improvements thereon and thereto
belonging
with the exception of a small store house and the upper flooring, the property
of Mr.
Louis Guidry
3. Julien, a slave, a creole negro aged about twenty six years
4. Thomas, a slave, a creole negro aged about twenty two years
5. Louise, a slave, a creole negress about thirty eight years old
6. Eliza, a slave, a creole negress aged about twenty four years
7. Azelie, a slave, a creole mulatto aged about twenty years and her son Elphize
aged
about four years
all of which real estate and slaves are the exclusive property of said coheirs
and joint
owners.
That your petitioners (with the exception of said Tecle Nicolle Administrator)
are
together with said minors Guidry and Rome, the joint owners for one half and
said
Henriette Ragman Widow by first marriage of Jean Baptiste Oubre and by second
marriage of the late Donat Guidry, as surviving partners in the community, owner
for the
other half of all the property belonging to the community of acquests and gains
which
formerly existed between the late Donat Guidry and his surviving wife said
Henriette
Ragman and which property consists of the moveables comprised in said inventory
under
the head of effects belonging to said community and numbered from one to
ninety-five
inclusively.
Now your petitioners (with the exception of said Tecle Nicolle Administrator)
represent
that they are desirous of putting an end by the action of partition to the
indivision which
exists between themselves respectively and also between their said coheirs the
said
minors Guidry and Rome with respect to the above described real estate and
slaves
belonging exclusively to the succession of the late Donat Guidry which they wish
no
longer to hold in common and also to put and end to the indivision which exists
between
themselves respectively and also between their coheirs the minors Guidry and
Rome and
the said Henriette Ragman surviving wife of said Donat Guidry with respect to
the
property belonging to the community of acquests which formerly existed between
the
sade (sic) Donat Guidry deceased and his surviving wife.
Your petitioners represent that all said property belonging exclusively to the
succession
of the late Donat Guidry and the property belonging to said community cannot,
owing to
the great number of heirs and joint owners thereof and to the nature and extent
of the said
property, be divided in kind without loss and inconvenience to your petitioners,
said joint
owners, and a discrimination in the value of said property and that the interest
of all said
joint owners requires that all said property belonging to said succession and
community
be sold at public auction by order of this court in order to effect a judicial
and definitive
partition between all said joint owners.
All your joint petitioners represent that a sale of all the property of said
community will
be necessary in order to pay the debts there of and a sale of part of the
property belonging
to said succession exclusively will be requisite for the purpose of discharging
the
liabilities to be separately borne by said succession of Donat Guidry.
That in the event of a sale of all said property being decreed for the aforesaid
purposes
your joint petitioners and joint owners aforesaid prescribe so far as their
interest is
concerned that all the above described real estate and above named slaves
belonging
exclusively to the succession of said Donat Guidry be sold on the following
terms and
conditions, to wit:
The slaves, payable one fourth cash and the balance of their price payable one
third in all
March 1852, one third in all March 1853 and one third in all March 1854,
purchasers to
furnish their notes with solvent endorsers (to the satisfaction of said
Administrator) for
the credit terms aforesaid of the price of said slaves. Said note to bear
eight per cent per
annum interest from maturity until paid, to be secured by vendor's privilege and
special
mortgage on said slaves, payable at the Office of the Recorder of the Parish of
St. James.
The real estate aforesaid - Payable one fifth cash and the balance of the price
payable one
third in all March 1852, one third in all March 1853 and one third in all March
1854,
purchasers to furnish their notes payable at the Office of the Recorder of the
Parish of St.
James and notes to bear eight per cent per annum interest from maturity until
paid with
solvent endorsers to the satisfaction of said Administrator, said notes secured
by vendor's
privilege and special mortgage retained on said real estate which as well as the
said
slaves are to be sold separately and according to law. All said notes for
said slaves to be
delivered to and retained by said Administrator until final liquidation and
partition of
said estate.
That all the property belonging to said community be sold for cash, the price of
the
adjudication to be paid into the hands of said Administrator.
Your petitioners further represent that amongst the property belonging to said
community
are Nine [Hhds] of Sugar and twelve [Bbls ]of Molasses which in the interest of
all
parties concerned should be shipped to the City of New Orleans to be there sold
to the
best advantage in the ordinary course of trade.
Wherefore petitioners pray that Rosalie Oubre Widow Placide Guidry as natural
tutor of
her minor child Orelia Guidry - and Sebastian Rome, natural tutor of his minor
children
Sebastian - David - Donat - Eulalie - and Augustin Rome - all residing in the
Parish of
Saint James be cited to answer this petition and show cause why a sale at public
auction
of all the aforesaid real estate and slaves above described and belonging
exclusively to
the succession of the late Donat Guidry should not be decreed for the twofold
purpose of
paying the debts of said succession and of effecting a judicial and definitive
partition
between the joint owners and coheirs of said property - and also to show cause
why the
property belonging to the community of acquests and gains formerly existing
between the
late Donat Guidry and his surviving wife the said Henriette Ragman Widow Donat
Guidry should not be sold (with the exception of the said Sugars and Molasses)
in said
Parish at public auction for cash for the purpose of paying the debts of said
community
and why said Sugars and Molasses belonging to said community should not be sold
in the
City of New Orleans in the ordinary course of trade on the same terms and for
the same
purpose.
Petitioners further pray that Henriette Ragman Widow Donat Guidry residing in
the
Parish of Saint James be cited as surviving partner in community of her late
husband
Donat Guidry to show cause why said community property should not be sold in the
manner and on the terms and conditions and for the purpose aforesaid.
That after due proceedings had the above described real estate and slaves
belonging
exclusively to the succession of the late Donat Guidry be ordered to be sold at
public
auction and according to law by Adolphe Boucry, duly commissioned Auctioneer in
and
for the Parish of St. James on the terms and conditions above set forth so far
as regards
the shares of your joint petitioners who are joint owners of said property and
on such
terms and conditions as may be prescribed for the shares of said minors Guidry
and
Rome, for the purpose of paying the debts of said succession and effecting a
judicial and
definitive partition of said real estate and slaves.
Petitioners further pray that a sale of all the property belonging to said
community (with
the exception of said Sugars and Molasses) be ordered to be sold at public
auction by
Adolphe Boucry, a duly commissioned auctioneer in and for the Parish of St.
James for
cash and that your petitioner Tecle Nicolle Administrator aforesaid be
authorized to ship
the said Sugars and Molasses aforesaid to the City of New Orleans to be there
sold for
cash in the ordinary course of trade for the purpose of paying the debts of the
said
community.
That in the event of the above prayed for sales being decreed for the aforesaid
purposes,
competent family meetings be ordered to be held in behalf of said minors Guidry
and
Rome before any Notary Public in and for the Parish of St. James to prescribe
the terms
and conditions (so far as regards the shares of said minors) of the sale of the
above
described real estate and slaves belonging exclusively to the Succession of the
late Donat
Guidry, and to recognize the necessity and authorize the sale of the property
belonging to
said community in the manner and on the terms aforesaid.
Your petitioners finally pray for all general and equitable relief.
And as in duty bound
SM Berault of Counsel for Petitioners
I hereby authorize and assist my wife Mannette Guidry one of the joint
petitioners to
prosecute this action for a partition and sale of the within described property.
Two words
interlined approved of X Bonnecage L.
I hereby assist and authorize my wife Adele Guidry, one of the joint petitioners
to
prosecute this action for a partition and sale of the within described property.
Prosper
Plaisance.
In the name and by the authority of the State of Louisiana, and of the Fourth
Judicial
District Court, sitting in and for the Parish of St. James
In the matter of the Succession and Community of Donat Guidry
Civil Case No. ___ in the above named Court
The State and Court aforesaid,
To Sebastian Rome, natural tutor, of this Parish
You are hereby cited to comply with the prayer of the petition whereof a true
copy is
hereunto annexed, or file your answer thereto within ten days of service hereof,
in the
Office of the Clerk of said Court, at the Courthouse, in this Parish.
Witness the Hon. Albert Duffel, Judge of our said Court, this 24th day of
January AD
Eighteen hundred and fifty one.
TS Gaudet, Clerk
In the name and by the authority of the State of Louisiana, and of the Fourth
Judicial
District Court, sitting in and for the Parish of Saint James
In the matter of the Succession and Community of Donat Guidry
Civil Case No. ___ in the above named Court.
The State and Court aforesaid,
To Henriette Ragman Widow Donat Guidry, Partner in Community, of this Parish
You are hereby cited to comply with the prayer of the petition whereof a true
copy is
hereunto annexed, or file your answer thereto within ten days from service
hereof, in the
Office of the Clerk of said Court, at the Court House, in this Parish.
Witness the Hon. Albert Duffel, Judge of our said Court, this 24th day of
January AD
Eighteen hundred and fifty one.
TS Gaudet, Clerk
In the name and by the authority of the State of Louisiana, and of the Fourth
Judicial
District Court, sitting in and for the Parish of Saint James
In the matter of the Succession and Community of Donat Guidry
Civil Case No. ___ above named Court.
The State and Court aforesaid,
To Rosalie Oubre Ww Placide Guidry natural tutor, of this Parish
You are hereby cited to comply with the prayer of the petition whereof a true
copy is
hereunto annexed, or file your answer thereto within ten days from service
hereof, in the
Office of the Clerk of said Court, at the Court House, in this Parish.
Witness the Hon. Albert Duffel, Judge of our said Court, this 24th day of
January AD
Eighteen hundred and fifty one.
TS Gaudet, Clerk
Succession and Community of Donat Guidry
Summons
Received on the 11th Feb 1851 and on the 13th of same month, [] served copies of
Summons and copies of Interrogatories on facts by authority within mentioned to
the
within named persons in person.
Parish of St. James
13th February 1851
for E. Ory, Shff.
G. Hubre, Dep. Shff.
Succession of Community of Donat Guidry
Original Citation
Filed 27th January 1851
TS Gaudet Clerk
Received on the 24th January 1851 and on the same day served copies of the
within
citation and petition annexed at the domicile of Rosalie Oubre, Widow Placide
Guidry,
situated in the Parish,left bank of the Mississippi River, about two miles below
the
convent, by leaving said copies in the hand of a free white person above the age
of 14
known to me by the name of Auguste Guidry and living in the same house with said
Widow Placide Guedry, she being absent from home at the time of the service
hereof.
Whereof I make this signature.
Parish of St. James, 24th January 1851
for Eugene Ory Shff.
Jn B Ory, Dep. Shff.
Shffs. Fees $2.00
4th Judicial District Court
Parish of St. James, State of Louisiana
Succession and Community of Donat Guidry
Filed 3rd February 1851
TS Gaudet, Clerk
Answer
Euphemond Rome of Counsel
To the honourable, the fourth judicial District court sitting in and for the
Parish of St.
James, State of Louisiana
Answer of Henriette Ragman, residing in the Parish of Saint James, widow by
first
marriage of Benjamin Oubre and by second marriage of the late Donat Guidry to
the joint
petition of Tecle Nicolle residing in the Parish of St. James, Acting as the
Administrator
of the succession of the late Donat Guidry opened in said Parish, of Anastasie
Guidry,
widow Louis Nicolle, Clemence Guidry, widow Jean Theriot, Louis Guidry, Manette
Guidry wife of Laurent Bonnecage duly assisted and authorized by her said
husband,
Edmund Guidry, Eugene Guidry, Adele Guidry, wife of Prosper Plaisance, duly
authorized and assisted by her said husband, Auguste Guidry, all residing in the
Parish of
St. James, and Donat Guidry, residing in the Parish of Ascension, State of
Louisiana,
praying for the partition of certain property. This respondent for answer
to said petition
says that she protests against the public inventory taken of the property
described in the
said petition as containing erroneous statements or facts.
1. Because all the moveables are stated to belong exclusively to the succession
of her
said deceased husband when he owned only the tract of land and the two slaves
Clarisse
and Louise her infant child mentioned in the inventory taken before his marriage
with her
(as will more fully appear by reference to said inventory) amounting with all
the amounts
and sums therein contained to 1900 Dollars of which $200.00 are to be deducted
as debts
and the balance 1600 Dollars to be divided into two equal parts, viz, 800
Dollars for her
said deceased husband Donat Guidry and 800 Dollars for the children issued from
his
first marriage.
2. Because the sum of three hundred dollars which she received as natural
tutrise of her
following children Louis Oubre, Rosalie Oubre, widow of Placide Guidry, Pierre
Oubre
and Marie Oubre, wife of Jacques Dernois issued from her first marriage with
Benjamin
Oubre, that sum being an inheritance from their grandmother Marie Bonnelain,
deceased
widow of Andre Oubre which sum he the said Donat Guidry, her late husband, took
possession of the above said 300 Dollars, and disbursed and applied it to his
own benefit
the fact being well known by all his children and that said sum had been
confided and
trusted to her as a deposit, and ought to have been stated on the said inventory
taken on
the 28th day of December 1850 by JB Ferchand a notary public. She further
says that
said tract of land had but an old hut at the time of her said marriage with late
husband
Donat Guidry and said land being in general waste and uncultivated and that said
tract of
land has been increased and improved during her said marriage having on it now
many
buildings including a small sugar house and all the apparatus necessary for the
cultivation
of the sugar cane and that said increase and ameliorations are the result of
their common
labor, expenses and industry; that the augmentation of the value given by the
common
labor makes a part of the acquests and gains and therefore she has a right to
the one half
of the value of the improvements as she has on any property belonging to her
deceased
husband Donat Guidry (CC of La Art. 2377) and she further says that the increase
of said
slaves Julian 26 years old, Thomas 20, Eliza 25, Azelie 20, her son Elphize aged
4 years
are the property of the community existing between herself and the late Donat
Guidry her
husband, as being the result as much from the care and solicitude of the
possessors as
from nature and that as such they form a part of the acquests and gains of which
she owns
one half. She further says that she inherited from her deceased father
Doctor Ragman of
a tract of land with all the improvements thereon measuring two arpents and a
half front
by forty arpents in rear situated on the northeast side of the river Amite five
miles below
the settlement of Galveston in the Parish of St. Helena which land was sold for
the sum
of three hundred dollars and therefore belonging exclusively to her. And
moreover by
her marriage contract, her late husband Donat Guidry gave to her as her dowry
the sum of
one hundred dollars to be paid by preference (as will be seen by reference to
the duly
certified copy hereunto annexed) and she further claims one hundred and fifty
dollars for
her mourning dresses, and she further says that her said deceased husband not
having
disposed by last will and testament of his share in the community property, that
according to law and being the survivor she claims her right to hold, in
usufruct during
her natural live (sic), so much of the share of her deceased husband Donat
Guidry in said
community property as would have been inherited by the children of his first
marriage
and also by those issued of his second marriage with her. She therefore
admits that the
immoveables belonging exclusively to the late said Donat Guidry, to wit: a tract
of land
describe and the two slave Clarisse and Louise her child as more fully appear by
the
inventory made before her marriage with him be only sold to effect a partition
between
the children of his first marriage and those issued from his second marriage
with her.
And further answering the respondent denies that the above named heirs have any
other
right or title whatever to the said property or slaves and moveables and that
she must be
maintained in her rights and claims according to law with all the privileges and
mortgages for her total paraphrenal property and community property. She
also prays for
all the interests accruing from the above said sum of three hundred dollars (the
inheritance left to her children by their grandmother Marie Bonvillain widow
Andre
Oubre) be refunded or paid to them, and cost of suit and for all general relief.
Euphemond S. Roman of Counsel
The above respondent makes oath; that the matter and facts in the foregoing
answer set
forth are true. X her mark widow Donat Guidry
Elie Ory, Witness
Sworn to and subscribed before me St. Jame 2nd February 1851
AM Dossat Justice of the Peace in and for the first district of the Parish of
St. James
Succession and Community of Donat Guidry
Fourth Judicial District Court, sitting in and for the Parish of St. James,
State of
Louisiana
Be it known that on the 10th February 1851, at the trial of this case,
Respondent begs
leave to file a supplemental petition to propound interrogatories to Donat
Guidry,
residing in the Parish of Ascension, Anastasie Guidry, widow Louis Nicolle and
Louis
Guidry residing in this Parish of St. James, to prove that a sum of three
hundred dollars
belonging to the then minor children (of the first marriage) of Henriette
Ragman, now
widow Donat Guidry, was received and applied to the own use and benefit of her
said
second husband, Donat Guidry, and also to prove that ameliorations and
improvements
have been made on the exclusive property of her said deceased husband Donat
Guidry, to
which interrogatories plaintiff objected on the ground that the claim of three
hundred
dollars must be the object of a particular claim and has no connection with this
case and
thereupon the court having sustained the objection and rejected the three first
interrogatories the respondent accepted the opinion of the court and prayed that
this her
bill of exception be signed.
Albert Duffel
Judge 4 Jud. Dist.
Estate of the late Donat Guidry
Bill of Exception
Filed 10th February 1851
TS Gaudet, Clerk
Succession of the late Donat Guidry
4th Judic. Dist. Court, Parish of St. James, State of Louisiana
The answer of Aurelia Guidry, a duly emancipated minor herein assisted by the
undersigned as her Curator "ad hoc", duly appointed and sworn, to the petition
of Tecle
Nicolle, Adminstrator, and others, praying for an extension of the terms of sale
of a
certain landed property belonging to the above estate.
Respectfully sheweth
That Respondent admits the urgency of the extension of terms prayed for, and
agrees to
the same.
JK Gaudet, Atty at law
Succession and Community of late Donat Guidry
Copies of Supplemental Answer and Interrogatories on facts and articles
Succession and Community of Donat Guidry
State of Louisiana, Fourth Judicial District Court, Parish of St. James
The State and Court aforesaid
To PA Hathinson Esq., Justice of the peace in and for the Parish of Ascension,
State
aforesaid,
Greeting:
Know Ye, that we reposing confidence in your prudence and Fidelity, do by these
presents give unto you authority diligently to examine Donat Guidry, one of the
heirs in
the above Succession. Therefore we desire you that at certain time and
place by you to
be appointed for that purpose you cause said Donat Guidry to come before you,
that you
then and there examine him, upon his corporal oath first taken before you upon
the Holy
Evangelists, according to the Interrogatories on facts and articles whereof true
Copies are
hereto annexed, that you reduce the answers thereto to writing and when you
shall have
so taken them as aforesaid, that you send the same, closed up, under your Seal,
to us in
our said Court at the Parish of St. James, on or before the 15th February 1851.
And this
shall be your full warrant and authority in the premises.
Witness the Hon. Albert Duffel Judge of our said Court this 11th February AD
1851.
TS Gaudet Clerk
Succession and Community of Donat Guidry
To the honorable A Duffel, Judge of the 4th Judicial District Court sitting in
and for the
Parish of St. James, State of Louisiana.
The supplemental answer of Respondent in the above entitled case hereby shows:
That the answers of Donat Guidry, residing in the Parish of Ascension in this
state, of
Louis Guidry, and Anastasie Guidry widow Louis Nicolle residing in this
Parish of Saint
James to respondent following interrogatories (annexed to this supplemental
answer) are
material and that in her opinion the answers of the three above said heirs and
joint
petitioners would assist her in proving her claims _____. Your Respondent
therefore
prays that said Louis Guidry and Anastasie Guidry widow Louis Nicolle be ordered
to
answer under oath in Open Court that Donat Guidry be also ordered to answer
under
Oath before any Judge of the Parish in which he resides the following annexed
interrogatories within the delay fixed by this Honorable Court and that notice
of said
order fixing the delay, together with a Copy of this supplemental and
interrogatories
propounded be served to all parties concerned and also to the attorney
representing the
parties interrogated. Wherefore she prays leave to file this supplemental
answer and for
all other relief as the nature of the case may require.
Signed Euphemond S. Roman of Counsel
Succession and Community of late Donat Guidry
Fourth Judicial District Court sitting in and for the Parish of St. James, State
of Louisiana
Interrogatories to be propounded to Donat Guidry and others, son of the late
Donat
Guidry, by a first marriage, one of the heirs and joint petitioner on the part
of Henriette
Ragman widow Donat Guidry the Respondent.
4. Was not the tract of land on which your father resided waste and
uncultivated? State
the number of arpents under cultivation and what building was erected on said
tract of
land at that time.
5. Is it not to your knowledge that all the improvements now on said tract of
land have
been made since said marriage?
6. Do you know other matter or thing which may avail Respondent in her demand
and
claims? If yea state the same at large as if you were particularly
interrogated thereto.
(Signed) Euphemond S. Roman of Counsel
True copies from original supplemental answer and interrogatories on facts and
articles
on file in my Office.
Clerk's Office, Parish of St. James 11 February 1851
TS Gaudet Clerk
To the Clerk of the Fourth Judicial District Court of the State of Louisiana in
and for the
Parish of St. James, Louisiana
In the Matter of the Succession and Community of Donat Guidry
- Commission -
Witness Fees $1.00
Justice's Do $2.00
Constable's Do $2.50
$5.50
The State of Louisiana
Parish of Ascension
Deposition of a witness produced, sworn and examined by virtue of the annexed
commission on the Thirteenth day of February in the year of our Lord One
thousand
Eight hundred and fifty before me the undersigned one of the Justices of the
Peace in and
for the Parish of Ascension in a certain case now pending in the Hon. The Fourth
Judicial
District Court in and for the Parish of St. James in the Succession and
Community of
Donat Guidry.
Donat Guidry of the Parish of Ascension being produced and sworn answers as
follows to
the Interrogatories propounded to him -
Answer to 4th Interrogatory - Witness states that the tract of land on which his
father
resided was to the best of his knowledge always cultivated. Can not state
the number of
arpents cultivated at that time, nor the building erected on said tract of land.
Answer to 5th Interrogatory - Witness believes that some of the improvements now
on
said tract of land have been made since said marriage.
Answer to 6th Interrogatory - Witness knows no other matter or thing which may
avail
Respondent in her demands or claim.
Sworn to and subscribed before me at the X Donat Guidry his mark
Parish of Ascension this 13 February 1851
PA Hathinson JP
I, PA Hathinson one of the Justices of the Peace in and for the Parish of
Ascension do
hereby certify that Donat Guidry the _______ was by me sworn to declare the
truth on
the question put to him in the cause that the Interrogatories were produced to
him, and
his answers thereto taken in writing and subscribed by him in my presence on the
13th
day of February 1851.
In faith Whereof, Witness my official hand signature _____ this 13th day of
February
1851.
PA Hathinson JP
Justice's fees $2.00
Constable's do $2.50
Witness' fees $1.00
$5.50
Succession and Community of Donat Guidry
State of Louisiana
Fourth Judicial District Court
Parish of St. James
The State and Court aforesaid,
To: Edouard Lambert, Fermin Lepretre and Paul Thibodaux, all of this Parish
You are hereby summoned to be and appear at the Courthouse on Saturday 15th
February 1851 at 10 o'clock AM in order to testify in the above Case, and
therein fail not,
under penalty of the law.
Witness the Hon. Albert Duffel, Judge said Court
13th February 1851
TS Gaudet Clerk
Succession and Community of Donat Guidry
Summons
Received on the 13th February 1851 and on the 14th same month; served the copy
of the
same to each of within named persons in person.
Parish of St. James
this 14th Feb. 1851 for E. Ory, Shff.
G, Hubre, D. Shff.
Succession and Community of Donat Guidry
State of Louisiana
Fourth Judicial District Court
Parish of St. James
The State and Court aforesaid,
To: Louis Joseph Guidry, Michel Le Bauf and Eugene Lambert, all of this Parish,
You are hereby summoned to be and appear at the Courthouse on Saturday 15th
February 1851 at 10 o'clock AM in order to testify in the above Case, and
therein fail not,
under penalty of the law.
Witness the Hon. Albert Duffel, Judge said Court
13th February 1851
TS Gaudet Clerk
Succession and Community of late Donat Guidry
State of Louisiana
Fourth Judicial District Court
Parish of St. James
The State and Court aforesaid,
To Louis Guidry and Anastasie Guidry Widow Louis Nicolle, both of this Parish,
You are hereby summoned to be and appear personally at the Court House of this
Parish
on Saturday 15th [] at 10 o'clock AM in order to answer in oath in Open Court
the
interrogatories on facts and articles whereof true copies are hereto annexed.
Witness the Hon. Albert Duffel Judge of our said Court this 11th February 1851.
TS Gaudet, Clerk
4th Judicial District Court, State of Louisiana
Succession and Community of Donat Guidry
Supplemental Answer and Interrogatories
Euphemond Roman of Counsel
Filed 15th April 1851
TS Gaudet, Clerk
To the Honourable A. Duffel, Judge of the 4th Judicial District Court, sitting
in and for the Parish of St. James, State of Louisiana
The supplemental Answer of Respondent in the above entitled case humbly shows:
That the answers of Donat Guidry, residing in the Parish of Ascension in this
state, of
Louis Guidry and Anastasie Guidry widow Louis Nicolle, residing in this Parish
of St.
James, to respondent following interrogatories (annexed to this supplemental
answer) are
material, and that in her opinion the answers of the three aforesaid heirs and
joint
petitioners would assist her in proving her claims and right. Your
Respondent therefore
prays that said Louis Guidry and Anastasie Guidry widow Louis Nicolle, be
ordered to
answer, under oath, in Open Court, that Donat Guidry be also ordered to answer
under
oath before any judge of the Parish in which he resides, the following annexed
interrogatories within the delay fixed by this Honourable Court and that notice
of said
order fixing the delay, together with a copy of this Supplemental Answer and
interrogatories propounded be served to all parties concerned and also to the
attorney
representing the parties interrogated wherefore she prays leave to file this
supplemental
answer and for all other relief as the nature of the case may require.
Euphemond Roman of Counsel
Fourth Judicial District Court, sitting in and for the Parish of St. James,
State of
Louisiana
Interrogatories to be propounded to Donat Guidry, son of the late Donat Guidry
(and
others) by a first marriage, one of the heirs and joint petitioners, On the part
of Henriette
Ragman, Widow Donat Guidry, the Respondent.
1. Is it, or is it not, to your knowledge, that about a year or two after the
marriage of your
deceased father, Donat Guidry, to Henriette Ragman, widow Donat Guidry, that
your
above said father did receive a sum of money, an inheritance coming to Louis
Oubre,
Rosalie Oubre now widow Placide Guidry, Pierre Oubre, Marie Oubre, now wife of
Jacques Desnois, from their grandmother widow Andrew Oubre?
2. Were not said heirs minors at that time?
3. Is it or is it not to your knowledge that said sums amounted to three hundred
dollars?
In a word, disclose any facts you know about this inheritance.
4. Was not the tract of land, on which your father resided, waste and
uncultivated? State
the number of arpents under cultivation and what building was erected on said
tract of
land at that time?
5. Is it not to your knowledge that all the improvements now on said tract of
land have
been made since said marriage?
6. Do you know other matter or thing which may avail Respondent in her demand or
claims? If yea state the same at large as if you were particularly
interrogated thereto.
Euphemond Roman of Counsel
Henriette Ragman, widow Donat Guidry duly sworn, says that the testimony of
Donat
Guidry, widow Louis Nicolle and Louis Guidry, residing in the Parish of St.
James, three
of the joint petitioners and apposit parties in this case, is material for
establishing her
claims and that by them she expects to prove the above mentioned facts.
X Widow Donat Guidry her mark
Sworn to and subscribed before me AM Possat First District Justice of the
Peace in and
for the Parish of St. James
District Court St. James
Succession and Community of Donat Guidry
Answer of Orelia (sic) Guidry an emancipated minor
Filed 24th April 1851
TS Gaudet Clerk
Succession and Community of Donat Guidry
Tecle Nicolle Admin., Anastasie Guidry Widow Louis Nicolle and others praying
for a
Sale of said Succession and Community
Orelia Guidry an emancipated minor in answer to the petition aforesaid says that
she has
no objection to the sale of the real estate, slaves and community property of
the late
Donat Guidry.
That as regards her share of the real estate and slaves she prescribed for the
sale of her
portion thereof (1/11) the same terms as prescribed by petitioners for their
share of said
property.
Wherefore she prays that the prayers of petitioners be granted and that said
property
separate and community be sold on the terms and conditions set forth in said
petition.
And as in duty bound
Aurelia Guidry
District Court St. James
Succession and Community of Donat Guidry
Motion of Tecle Nicolle, Admin, Widow Louis Nicolle and others for appointment
of
experts to report as to a division in kind or by sale and order of Court.
Filed 24th April 1851
TS Gaudet, Clerk
Succession of Donat Guidry
Tecle Nicolle Administrator for Sale and Partition
District Court St. James
Tecle Nicolle, Administrator, Widow Louis Nicolle and others praying for a
partition and
sale of the property belonging to said Succession and Community by their
undersigned
counsel pray the court that competent persons be appointed and sworn as experts
to
examine into and report to this Court as to the possibility or impossibility of
a division in
kind amongst the coheirs and joint and undivided owners of the real estate and
slaves
inventoried on the 28th December 1850 as belonging exclusively to the Succession
of the
late Donat Guidry, without loss and inconvenience to the joint owners of said
property
and or diminution in the value thereof. Also to report to this court as to
the practicality
or impracticality of a division in kind amongst the joint owners of the property
inventoried on the 28th December 1850 as belonging to the community which
formerly
existed between the late Donat Guidry and his surviving wife Henriette Ragman
Widow
Donat Guidry without loss and inconvenience to the joint owners of said
community or
diminution of the value thereof.
SM Berault
of Counsel for Tecle Nicolle Administrator
Order of Court
Let Ferme R. Gaudet and Alfred Roman - residing in the Parish of St. James be
appointed
and sworn as experts to examine into and report to this Court in writing whether
or not
the property (real estate and slaves inventoried on the 28th day of December
1850 by JB
Ferchand Notary Public as belonging exclusively to the Succession of the late
Donat
Guidry) can be conveniently divided in kind between the joint owners thereof
without
loss or inconvenience to said joint owners and without diminution in the value
of said
property.
Also to examine into and report in writing to this Court whether or not the
property
inventoried on the 28th day of December 1850 by JB Ferchand Notary Public as
belonging to the community which formerly existed between the late Donat Guidry
and
his surviving wife Henriette Ragman Widow Donat Guidry can be conveniently
divided
in kind between the joint owners and without diminution in the value of said
property.
Parish of St. James, April 1851
Albert Duffel
Judge 4 Jud. Dist.
District Court St. James
Succession and Community of Donat Guidry
Answer of Sebastian Rome, natural tutor
Filed 24th April 1851
TS Gaudet, Clerk
Succession of Donat Guidry
District Court St. James
In the matter of the application of Tecle Nicolle Admn., Widow Louis Nicolle and
others
for the sale and partition by Auction of the property of said Succession and
Community.
In to Court comes Sebastian Rome as the natural tutor of his minor children
Sebastian
Rome, David Rome, Donat Rome, Eulalie Rome and Augustin Rome who for answer to
the petition of Tecle Nicolle Admn, Widow Louis Nicolle and others represents
That he has nothing to say against the application of said Tecle Nicolle Admn.
and
therefore a sale of the property belonging exclusively to the Succession of
Donat Guidry
and of that belonging to the Community of said Donat Guidry for the twofold
purpose of
effecting a partition of said property and paying the debts of said Succession
and
community. That respondent admits that said property cannot be
conveniently divided in
kind.
Wherefore he prays that petitioners prayer be granted and that a competent
family
meeting be ordered to be held in behalf of said minors to prescribe so far as
regards the
share of said minors in said property, the terms and conditions of sale and for
general
relief.
And as in duty bound
Sebastian Rome
Estate and Community of Donat Guidry
Evidence
Filed 24th April 1851
TS Gaudet, Clerk
Succession and Community of Donat Guidry
It is admitted by the Counsel of the Admin. that the sugar house, and the
dwelling house
on the plantation were erected since the second marriage.
Louis Joseph Guidry says: [French]
Cross-examined says: [French]
It is admitted that the sugar house, dwelling house and buildings on the land
belong to the
second Community. That there was only one ditch on the upper land at the
time of the
second marriage - that both lands were cleared at the time of the second
marriage to 15 or
20 arpents, that they have since been cleared to 40 arpents.
Eugene Lambert says: [French]
Documents introduced in evidence:
Copy of Inventory of Succession and Community of Donat Guidry (A)
Copy of partition made by Donat Guidry (B)
Copy of will of Edmund Guidry marked "The Mortuary Proceedings in Case of Edmund
Guidry" (C)
Mr. Lambert recalled says: [French]
It is admitted that the slaves Julien, Thomas, Elize and her child Elphize were
born since
the second marriage, of the slave Clarisse.
Report of Experts (D)
It is admitted that the slaves born since the marriage were reared, tended and
nursed with
care and attention by Widow Donat Guidry.
Evidence Closed.
TS Gaudet, Clerk
24th April 1851
Succession and Community of Donat Guidry
Reasons and Judgements of Court
Filed 25th April 1851
Succession and Community of Donat Guidry
In the matter of the application of Tecle Nicolle Administrator, Widow Louis
Nicolle and
others for a sale and partition of property belonging to said Succession and
Community.
This action is brought by the petitioners for the purpose of effecting a sale
and partition
by __trition of the real estate and slaves described in their petition and which
they name
as the exclusive and separate property of the late Donat Guidry and as such
descended to
them (with the exception of Tecle Nicolle Admin.) and their coheirs Orelia
Guidry, a
minor and the five minor children of Eulalie Erasie Guidry deceased wife of
Sebastian
Rome who they allege are the sole joint and undivided owners thereof -also for
the
purpose of obtaining the sale of the property belonging to the community of
acquests
which formerly existed between the late Donat Guidry and Henriette Ragman his
surviving wife by second marriage.
The sale of the said separate property of Donat Guidry and that belonging to the
community is sought for the twofold purpose of paying the debts of said
Succession and
community and effecting a partition thereof by ___trition on the usual
allegations of
indebtedness and inconvenience of a division in Kind. Widow Donat Guidry
and the
minors Guidry and minors Rome now through their tutors made parties to this suit
To petitioners application Henriette Ragman Widow Donat Guidry filed an answer
in the
shape of an opposition the material grounds of which (her claims for sums of
money not
properly presenting themselves in these proceedings since not inquired into but
recorded
for separate and ______ proceedings) are narrowed down to a claim for the
improvements on a tract of land, for the increase of the slaves Clarisse and
Louise and for
the usufruct of the community under the act of 1844.
As to the title to the two tracts of land described under No. 1 and 2 in the
petition and in
the inventory of the Estate of Donat Guidry taken by JB. Ferchand Not. Pub. on
the 28th
December 1850 and to the slaves Julien, Thomas, Louise, Eliza, Azelie and her
child
Elphize - the Court is of opinion from the evidence and admissions of record
that it rests
fully and exclusively with heirs of Donat Guidry.
The tract of land described in the petition and said inventory under No. 1 and
for the
slave Clarisse since dead and her infant child Louise set forth in said petition
and
inventory under No. 5 the respondent in her answer admits belonged to the late
Donat
Guidry before his marriage with her. She further admits (and the fact is
also established
by the testimony of Eugene Lambert) that the slaves Julien, Thomas, Louise -
Eliza-
Azelie and son Elphize described in said petition under No. 3,4,5, 6 and 7 are
the
descendents immediate of the slave Clarisse yet she contends that said slaves
Julien,
Thomas, Eliza -Azelie and her son Elphize are the property of the community as
being
the result as much from the care and solicitude of the possessor as from nature
and as
such form part of the acquests.
This position is untenable - the law of the community is that which prevailed at
the time
of the marriage Donat Guidry with Henriette Ragman which took place in the year
1814.
To the code of 1808 and the jurisprudence of 1814 we therefore resort for the
standard by
which we are to measure the respective rights of the partners in community.
Under that
jurisprudence the children of a female slave, the separate property of one of
the spouses,
belonged to the owner of said slave and not to the community which, as respects
said
increase, can be viewed in no other light than that of an usufructuary entitled
to reap the
profits arising from their work or services. Law Code 1808 p. 40 Art 24.
Ibid p. 112.
Art. 12. Ibid p.336 Art. 64 = 4 Partida Tit 11th Law 20th p. 527.
The second tract of land described in said petition and inventory under No. 2
being a
legacy made to Donat Guidry by his deceased brother Edmund Guidry in his last
will of
the 5th February 1840 in which the said Edmund Guidry instituted said Donat
Guidry his
legatee under an unusual title, does not fall into the community - In fact the
counsel of
Widow Donat Guidry in the trial abandoned all claim to said tract of land as
part of the
acquests merely contending that the improvements thereon formed part of the
partnership
of gains - As to the improvements on the land during the second community - From
the
evidence and admissions, the Court is of opinion that the sugar house, dwelling
house
and buildings on the upper tract, also the ditches over and above one thereon
and the
fences on both tracts belong to the community. The value of these
improvements not
having been established, will, by consent of Counsel be the subject of a
separate
appraisement the amount thereof to be deducted from the price of the sale of
said land.
The claim of Widow Donat Guidry for the usufruct of the community could only
attach
to that portion of the community which is inherited by the issue of her marriage
with
Donat Guidry and cannot affect the portion accruing to the children of her late
husband's
first marriage with Rosalie Bourgue (see Art. 1844 p. 99). In the absence
of any advance
by Widow Guidry to pay the debts of the community a sale of the effects thereof
must
take place (Succ. of Brungers, 4 Art. P.389) reserving to the surviving partner
his rights if
any to the usufruct of such funds of the balance of the community as may be
found after
its liquidation.
The impracticability of a division in Kind without loss is fully established by
the nature
and extent of the property and the report of the experts appointed to inquire
into that fact.
For the foregoing reasons and the law and evidence of the case, It is ordered
adjudged
and decreed that the two tracts of land described and numbered 1 and 2 in the
petition
and in the inventory of the Succession of Donat Guidry taken on the 28th day of
December 1850 by J.B. Ferchand Notary Public also the following named slaves
described in said petition and inventory as follows to wit:
3. Julien a slave a creole negro aged about 26 years
4. Thomas a slave a creole negro aged about 22 years
5. Louise a slave and negress about 38 years old
6. Eliza a slave a creole negress aged about 24 years and
7. Azelie a slave a creole mulatto aged about 20 years and her son Elphize 4
years old
be and they are hereby declared and decreed to be the separate exclusive and
joint
property of Anastasie Guidry Widow Louis Nicolle, Clemence Guidry Widow Jean
Theriot, Louis Guidry, Manette Guidry wife of Laurent Bonnecage, Edmund Guidry,
Eugene Guidry, Adele Guidry wife of Prospere Plaisance, Auguste Guidry, Donat
Guidry
and Orelia Guidry a minor each for one undivided eleventh thereof and of the
minors
Sebastion Rome, David Rome, Donat Rome, Eulalie Rome and Augustine Rome, each
for one fifty-fifth thereof. That said two tracts of land and said slaves
be and they are
hereby ordered to be sold separately by Adolphe Boucry Auctioneer at public sale
and
according to law on the following terms and conditions, to wit:
So far as regards the 9/11 of said real estate and slaves, accruing to the
petitioners
Anastasie Guidry Widow Louis Nicolle, Clemence Guidry Widow Jean Theriot, Louis
Guidry, Manette Guidry wife of Laurent Bonnecage, Edmund Guidry, Eugene Guidry,
Adele Guidry wife of Prospere Plaisance, Auguste Guidry and Donat Guidry - the
real
estate payable One Fifth Cash and the balance of the price payable one third in
March
1852, one third in March 1853 and one third in all March 1854. The slaves
payable one
fourth Cash and the balance of their price payable one third in all March 1852,
one third
in all March 1853 and one third in all March 1854, purchasers to furnish their
notes with
solvent endorsers (to the satisfaction of said Administrator Tecle Nicolle)
payable at the
Office of the recorder of St. James and to bear interest at the rate of eight
per cent per
annum from maturity until final payment, said notes to be secured by special
mortgage
and vendor's privilege on said real estate and slaves to secure their respective
prices of
adjudication in principal and interest - and so far as regards the portions of
said real
estate and said slaves accruing to said minor Orelia Guidry and minors Rome on
such
terms and conditions as may be presented by family meetings held in their
behalf.
It is further ordered adjudged and decreed that the sugar house, sugar
apparatus, dwelling
house and outhouses fences and ditches over and above one on the upper tract of
land
described as No. 1 in said inventory as well as the fences on the lower tract
described
therein as No. 2 be and they are hereby decreed to belong to the community of
acquests
which existed between the late Donat Guidry and his surviving wife Henriette
Ragman.
That said improvements be sold together with said tracts of land. That an
inventory and
appraisement be made by J.B. Ferchand Notary Public, of said improvements, the
value
whereof to be deducted from the price of the adjudications of said tracts of
land and
improvements and credited to the community.
It is further ordered adjudged and decreed that all the property belonging to
said
community of acquests and gains and described in said inventory (from No. 1 to
95) of
the 28th December 1850 be and it is hereby ordered to be sold at public sale and
according to law by said Adolphe Boucry, Auctioneer for Cash. The price of
said sales
of said community property and said real estate and slaves to be paid and the
notes
thereof to be delivered to said Tecle Nicolle Administrator.
It is further ordered adjudged and decreed that a competent family meeting to be
composed of Louis Joseph Guidry, Edouard Lambert, Eugene Lambert, Eugene Oubre
and Philemon Guidry cousins of the minor Orelia Guidry, all residing in the
Parish of St.
James, be ordered to be held before J.B. Ferchand Notary Public on behalf of
said minor
to prescribe the terms and conditions of the sales of her share of said real
estate and
slaves and the Jean Phillip Boucry, undertutor of said minor residing in the
Parish of St.
James be notified to attend at the holding of said family meeting. That
another family
meeting to be composed of Louis Joseph Guidry, Edouard Lambert, Eugene Lambert,
Eugene Oubre and Philemon Guidry cousins of the hereinafter named minors Rome,
said
______ residing in the parish of the minors Sebastian, David, Donat, Eulalie and
Augustin Rome be also held before said J.B. Ferchend Notary on behalf of said
minors to
prescribe the terms and conditions of the sale of their share of said real
estate and slaves
and that Jean Phillip Boucry of said parish, undertutor of said minors be
notified to attend
at the holding of said family meeting.
Read, delivered and signed in Open Court in the Parish of Saint James this 25th
day of
April 1851.
Albert Duffel
Judge 4 Judic. Dist.
District Court of St. James
Succession and Community of Donat Guidry
Petition of Tecle Nicolle Administrator Guidry, Widow Louis Nicolle and other
prayers
for homologation of homologation of (sic)the proceedings of the family meetings
in
behalf of minors Guidry and Rome.
SM Berault of Counsel
Filed 26th April 1851
TS Gaudet Clerk
Order of homologation - Let the proceedings of the two family meetings held one
in
behalf of Orelia Guidry and the other in behalf of the minors Sebastian - David
- Donat -
Eulalie and Augustin Rome on the 25th day of April 1851 before Jean Bartholomey
Ferchand Notary Public be and they are hereby approved and homologated.
Let the
property (so far as regards the shares of said minors) belonging to the heirs of
the late
Donat Guidry and to the community of said Donat Guidry be and they are hereby
ordered
to be sold on the following terms and conditions, to wit: The moveable
effects, horses,
cattle re payable cash. The lands to be sold separately, payable one fifth
Cash and the
balance in three equal installments to fall due in the month of March of the
years 1852 -
1853 - 1854 and the slaves one fourth Cash and the balance in three equal
installments to
fall due in the month of March 1852 - 1853 and 1854, purchasers to furnish their
notes
with solvent endorsers to the satisfaction of the Administrator Tecle Nicolle
payable at
the Office of the Recorder of this Parish and to bear interest at the rate of
eight per cent
per annum from maturity until final payment and special mortgage and vendor's
privilege
on said lands and slaves until final payments.
Parish of St. James, 21 April 1851
Albert Duffel
Judge 4 Jud. Dist.
To the Honorable the Fourth Judicial District Court of the State of Louisiana in
and for
the Parish of St. James
The joint petition of Tecle Nicolle, Administrator of the Succession of Donat
Guidry,
Anastasie Guidry Widow Louis Nicolle, Clemence Guidry Widow Jean Theriot, Louis
Guidry, Manette Guidry wife of Laurent Bonnecage duly authorized, Edmond Guidry,
Eugene Guidry, Adele Guidry wife of Prospere Plaisance duly authorized, Auguste
Guidry and Donat Guidry
Respectfully Represents
That by virtue of a decree of this Honorable Court rendered on the 25th day of
April 1851
in the matter of the Succession and community of the late Donat Guidry, two
family
meetings, one in behalf of Orelia Guidry and the other in behalf of the minors
Sebastian
Rome, David Rome, Donat Rome, Eulalie Rome and Augustin Rome were held on the
25th day of April 1851 before Jean Bartholemey Ferchand, Notary Public in and
for the
Parish of St. James to prescribe the terms and conditions of ____ as regards the
shares of
said minors Guidry and Rome in the property of said Succession and Community and
of
the sale of the property ordered by said decree to be held.
That both said family meetings (duly certified copies of the proces verbal of
these
proceedings being hereto annexed for reference and made part of this petition)
to wit:
that in behalf of said minor Orelia Guidry and that in behalf of the said minors
Rome
prescribed in the terms and conditions of said sale as far as regards the shares
of said
minors, that the real estate and slaves belonging exclusively to the heirs of
Donat Guidry
be sold payable - The share one fourth (1/4) Cash and the balance of price (1/3)
one third
in March 1852, (1/3) one third in March 1853. (1/3) one third in March 1854.
The real
estate One fifth (1/5) Cash balance of price (1/3) one third in March 1852,
(1/3) one third
in March 1853, (1/3) one third in March 1854, purchaser to furnish solvent
endorsed
notes to bear 8 % interest per annum from maturity until final payment secured
by
vendor's privilege and special mortgage. That Jean P. Boucry undertutor of
all said
minors assented to the proceedings of all family meetings.
Wherefore petitioners pray that the proceedings of the family meetings held in
behalf of
Orelia Guidry, a minor, and those of the family meeting held in behalf of said
minors
Rome before Jean Bartholemey Ferchand Notary Public on the 25th day of April
1851 be
approved and homologated and that the sale of the aforesaid property so far as
regards
the shares of said minors therein be ordered on the terms and conditions set
forth and
prescribed by said family meetings .
And as in duty bound
SM Berault of Counsel for petitioners
July 5th 1851
Power of Attorney from Tecle Nicolle, Admin. to SM Berault
Filed 7th July 1851
TS Gaudet, Clerk
State of Louisiana
Parish of St. James
Be it known that this day, before me John B. Ferchand, a Notary Public residing
in the
Parish of St. James, State of Louisiana, duly commissioned and sworn in and for
the said
Parish and in the presence of the subscribing witnesses,
Personally came and appeared Mr. Tecle Nicolle, a resident of this Parish and
the duly
appointed Administrator of the Succession of the late Donat Guidry, late of this
Parish,
Who declared that he has made and appointed, and does by these presents make,
constitute and appoint S. Maurice Berault, Esq., Attorney and Counsellor at law,
residing
in this Parish, his true and lawful attorney in fact, general and special,
giving and by these
presents granting unto the said Attorney, full power and authority for him in
his capacity
as Administrator as aforesaid, to demand, seek for, recover and receive all sums
of
money, debts, goods, dues, accounts and other demands whatsoever which are or
may be
due, owing, payable and belonging to said Succession of Donat Guidry, by any
manner of
ways or means whatsoever, or in whose hands _____ the same may be found, and
also to
pay and discharge all sums of money due and owing by said Succession, to any
person or
persons whatsoever; to pass and sign any authentic act in confirmation of
adjudication of
property and slaves, receive the amount payable in cash, and the notes furnished
in
payment of the balance of the price of adjudication, grant and accept any
mortgage, and
generally, all and every act or acts, thing or things whatsoever, needful and
necessary to
be done in and about the premises, for him and in his name as Administrator
aforesaid, to
do, execute, and perform as fully, largely and amply, to all intents and
purposes, as
himself might or could do if personally present. Hereby satisfying all and
whatsoever the
said attorney shall lawfully do, in and about the premises aforesaid by witness
hereof.
Thus done and passed at the Parish of St. James in my Office, this fifth day of
July, in the
year One Thousand Eight hundred and fifty-one, and the seventy-sixth of the
independence of the United States of America in the presence of Mr. John B. Ory
and
Auguste Norette, lawful witnesses who have hereunto signed their names with the
said
appearer and me, Notary Public.
(The original is signed.) Tecle Nicolle SM Berault
Jn B Ory A Norette JB Ferchand, Notary Public
A true copy from the original on record in my office.
In testimony thereof I grant these presents under my Signature and the impress
of my
Seal of office, this fifth day of July AD 1851.
JB Ferchand Not. Pub.
Fourth Judicial District Court
Parish of St. James, State of Louisiana
Succession and Community of Donat Guidry
Answer
Euphemond Roman of Counsel
Filed 3rd October 1851
TS Gaudet, Clerk
To the Honourable, the Fourth Judicial District Court sitting in and for the
Parish of St.
James, State of Louisiana
Answer of Rosalie Oubre, widow of Placide Guidry, natural tutor of her minor
child
Orelia residing in this Parish, to the petition of Tecle Nicolle, residing in
the Parish of
Saint James, acting as the Administrator of the succession of the late Donat
Guidry, of
Anastasie Guidry, widow Louis Nicolle, Clemence Guidry, widow Jean Theriot,
Louis
Guidry, Manette Guidry wife of Laurent Bonnecage duly authorized by her said
husband,
Edmond Guidry, Eugene Guidry, Adele Guidry, wife of Prosper Plaisance, duly
authorized by her said husband, Auguste Guidry, all residing in this Parish and
Donat
Guidry, residing in the Parish of Ascension in this state, praying for the
partition of
certain property. This Respondent for answer to said petition says that
her child Orelia
being over fifteen years of age will be emancipated by her before a public
notary and in
the presence of two competent witnessess, and she further says that she cannot
appear in
a court of justice for her said minor daughter and principally before this
Honourable
Court and in this case, her own interest being in opposition of above said
minor.
Euphemond Roman of Counsel
Dist. Court St. James
Succn. Donat Guidry
Answer of JPBoucry undertutor of Rome to petition for sale
Filed 12 February 1852
TS Gaudet Clerk
District Court St. James
In the Matter of the Succession of ______
Prayer of T. Nicolle Administrator for Sale
Into Court comes Jean Philip Boucry undertutor of the minors Rome who for
answers
says that he has no objection to the terms and conditions of sale for the
property
described in plaintiff's petition and that in his opinion the terms and
conditions proposed
by plaintiff are in the opinion of this respondent advantageous to said minors.
Wherefore respondent prays that said property be sold on the terms and
conditions
prescribed by plaintiff or on such terms and conditions as a family meeting in
behalf of
said minors may prescribe.
And as in duty bound
JP Boucry
Undertutor
Fourth District Court, Parish of St. James
Succession of Donat Guidry
Orders of Sale
Filed 3 March 1852
TS Gaudet, Clerk
Succession of Donat Guidry
In the matter of the application of Tecle Nicolle Admin. for an extension of the
terms of
sale of a tract of land and improvements filed the 31st October 1851.
District Court, Parish of St. James
The Defendants Aurelia Guidry through her Curator ad hoc and the minors Rome
through
their undertutor have answered the rule taken upon them in this Case by
admitting the
urgency of the extension of terms prayed for as to the sale of the property
described in the
petition of the applicants filed in this Court on the 31st October 1851.
Against the other
parties in the rule, to wit:
Sebastian Rome and Henriette Ragman Widow Donat Guidry - Judgements by default
were entered upon the 10th February 1852, no cause having been shown against
said
application or answer filed and more than three judicial days having elapsed
since said
Judgement by default was entered.
It is therefore and by reason of the law and evidence being in favor of the
application of
Tecle Nicolle Admin. & al (sic) ordered, adjudged and decreed that the terms and
conditions of the Sale of the property described in the petition of Tecle
Nicolle & al filed
in this Court on the 31st October 1851, and which property by virtue of two
decrees of
this Court rendered one on the 25th and the other on the 26th day of April 1851
in the
matter of the Succession and Community of the late Donat Guidry was ordered to
be sold
at public auction by Adolphe Boucry Auctioneer of said Parish, be and they are
hereby
extended (so far as regards the respective shares of the several joint
petitioners in said
petition filed on the 31st October 1851 and the respective shares in said
property
accruing to said Sebastian Rome and said Widow Donat Guidry) to the terms and
conditions prescribed by said Tecle Admin. & al in their said petition and
application
filed in this Court on the 31st October 1851.
It is further ordered, adjudged and decreed that a competent family meeting in
behalf of
said minors Sebastian, Donat, Eulalie and Augustin Rome, be held before JB
Ferchand,
Notary Public of said Court, said family meeting to be composed of the following
persons, to wit:
Edward Lambert, Eugene Lambert, Eugene Oubre, Louis Guidry Sr. and Jean
Donaldson,
all cousins of said minors, to prescribe in behalf of said minors such extension
of the
terms and conditions of the sale of the aforesaid property as said family
meeting may
deem to the interest of said minors. That Jean Phillip Boucry, undertutor
of said minors
be notified to attend at said meeting.
It is further ordered, adjudged and decreed that a family meeting to be composed
of the
following persons, to wit: Edward Lambert, Eugene Oubre, Eugene Lambert, Louis
Guidry Sr. and Jean Donaldson, all cousins of the emancipated minor Aurelia
Guidry be
ordered to be held before said Notary Public on behalf of the emancipated minor
Aurelia
Guidry to prescribe such extension of the terms and such conditions of the sale
of the
said property as they may deem to the interest of said minor. That Jean P.
Boucry,
Curator of said emancipated minor be notified to attend at the holding of said
family
meeting.
It is finally ordered, adjudged and decreed, that the property aforesaid be sold
by Adolphe
Boucry Auctioneer in and for the Parish of St. James, in due course of law, by
virtue of
the aforesaid decrees, of the 26th and 27 April 1851, but upon the terms and
conditions
prescribed by petitioners so far as regards their several shares, which terms
and
conditions apply to the several shares of said Sebastian Rome and said Widow
Donat
Guidry and on such an extension of time as may be prescribed by the two family
meetings and sanctioned by due homologations.
Delivered and signed in open Court at the Parish of St. James on the 1st day of
February
1852
(Signed) Albert Duffel
Judge 4th Judicial
Let the proceedings of the two family meetings held on the 17th ___ March 1852
before
JB Ferchand, Notary Public of this Parish, one in behalf of the minors Sebastian
Rome,
Donat Rome, Eulalie Rome and Augustin Rome, and the other in behalf of the
emancipated minor Aurelia Guidry be and they are hereby approved and homologated
and in accordance therewith let the said tract of land and buildings (so far as
regards the
interest of the above minors) be sold at public sale and auction after the
delays and
advertisements required by law, by AA Boucry, Auctioneer of this Parish, in the
following terms and conditions, viz:
The price of the adjudication of said property, payable one third in all March
1853, one
third in all March 1854, one third in all March 1855, purchasers to furnish
their notes
endorsed to the satisfaction of the Administrator, to bear interest at the rate
of eight per
cent per annum from maturity until paid, and made payable at the Office of the
Recorder
of the Parish of St. James, secured by vendor's privilege and special mortgage
retained on
said land and improvements until final payment.
Parish of St. James, 22nd March 1852
(Signed) TS Gaudet, Clerk
True copies from original orders of Sale
Clerk's Office, Parish of St. James, 23rd March AD 1852.
TS Gaudet, Clerk
District Court St. James
Succession of Donat Guidry
In the matter of the application of Tecle Nicolle Admin. for extension of terms
of sale of
a tract of land and improvements
Petition of Tecle Nicolle Admin. praying for homologations of family meetings of
minors
Rome and Aurelia Guidry presenting terms.
Filed 22nd March 1852
TS Gaudet, Clerk
Let the proceedings of the two family meetings held on the 17th ___ (March 1852)
before
JB Ferchand, Notary Public of this Parish one in behalf of the minors Sebastian
Rome,
Donat Rome, Eulalie Rome and Augustin Rome and the other in behalf of the
emancipated minor Aurelia Guidry be and the same are hereby appointed and
homologated and in accordance therewith let the said tract of land and buildings
(so far
as regards the interest of the above minors) be sold at public sale and auction
after the
delays and advertisements required by law by AA Boucry, Auctioneer of this
Parish, on
the following terms and conditions, viz, The price of the adjudication of said
property
payable one third in all March 1853, one third in all March 1854, one third in
all March
1855, purchasers to furnish their notes endorsed to the satisfaction of the
Administrator,
to bear interest at the rate of eight per cent per annum from maturity until
paid, and made
payable at the Office of the Recorder of the Parish of St. James and secured by
vendor's
privilege and special mortgage retained on said land and improvements until
final
payment.
Parish of St. James, 22nd March 1852
TS Gaudet, Clerk
To the Honorable the Fourth Judicial District Court of the State of Louisiana in
and for
the Parish of St. James
The petition of Tecle Nicolle, residing in the Parish and State aforesaid and
herein acting
as the Administrator of the Estate of the late Donat Guidry opened in said
Parish,
Respectfully Represents
That by virtue of a decree of this Honorable Court rendered on the 14 February
1852 in
the matter of
Two family meetings one in behalf of the minors Sebastian Rome, Donat Rome,
Eulalie
Rome and Augustin Rome and the other in favor of the emancipated minor Aurelia
Guidry were held before Jean Bartholemey Ferchand, Notary Public in and for the
Parish
of St. James on the 17th day of March 1852 for the purpose of prescribing the
terms and
conditions (so far as regards said minors) of the sale of the land and property
the public
(alienation?) whereof was ordered by said decree of the 14 February 1852.
That said two family meetings respectively advised and prescribed in the
interest of said
minors Rome and said emancipated minor Aurelia Guidry the following terms and
conditions for the sale of the tract of land and buildings aforesaid. To
wit: The price
thereof payable one third in all March 1853, one third in all March 1854 and one
third in
all March 1855, purchaser to furnish his notes rendered to the satisfaction of
petitioners
and made payable at the office of the Recorder of the Parish of St. James with
interest at
the rate of eight per cent per annum from maturity until paid. Said notes
to be secured by
vendor's privilege and special mortgage retained on said land as may be more
fully seen
by reference to the proces verbal of the proceedings of said family meetings,
duly
certified copies whereof are hereto annexed for reference and record as part of
this
petition.
That to said proceedings Jean Phillip Boucry undertutor of said minors Rome and
Curator of said Aurelia Guidry attended.
Wherefore petitioner prays that the said two family meetings be approved and
homologated and this said land and property be ordered to be sold on the terms
and
conditions aforesaid and in conformity with said decree of 14 February 1852.
And as in duty bound,
SM Berault
of Counsel for Petitioner
District Court, Parish of St. James
Succession and Community of the late Donat Guidry
Petition of Tecle Nicolle Administrator praying for homologation of the final
account of
admn. of said estate and for his discharge
SM Berault of Counsel
Filed 29th September 1852
TS Gaudet Clerk
Let due notice of petitioner's within application be given in the manner and
during the
time agreed by law.
Parish of St. James, 29th September 1852
TS Gaudet, Clerk
Due and public notice of petitioner's within application for the homologation of
his final
Account of Administration of the Succession of the late Donat Guidry having been
given
to the Creditors and all parties within interested. And personal notice of
the same having
been served on the partner in community, on the heirs of age, and on the legal
representatives of the minor heirs, and the legal delays having expired, without
opposition to said prayer having been made,
Let therefore said Account of Administration filed by Tecle Nicolle Admn. on the
29th
September 1852, be and the same is hereby approved and homologated.
Parish of St. James, 7th May 1853
TS Gaudet, Clerk
To the Honorable the Fourth Judicial District Court of the State of Louisiana,
in and for
the Parish of St. James,
The petition of Tecle Nicolle, residing in the Parish and State aforesaid,
herein acting as
the Administrator of the Succession of the late Donat Guidry therein opened
Respectfully Represents
That petitioner herewith files his final account of his administration of
Succession and
Community of the late Donat Guidry establishing various balances in favor of and
against
the several heirs of said estate and Widow Donat Guidry as surviving partner in
Community as follows, to wit:
1. Anastasie Guidry Widow Louis Nicolle, a cash balance in her favor of $94.71,
two
balances against her each of $84.05 1/11 payable in March 1853 and March 1854
for
purchases beyond her hereditary portions accruing in said years, and a balance
in her
favor of $19.98 4/11 payable in March 1855.
2. Donat Guidry - a cash balance in his favor of $48.71, two balances in his
favor each of
$165.95 payable one in March 1853 and the other in March 1854 and a balance in
his
favor of $19.98 4/11 payable in March 1855.
3. Clemence Guidry Widow Jean Theriot - a cash balance in her favor of $94.71.
Two
balances in her favor each of $165.95 payable in March 1853 and March 1854 and a
balance of $19.98 4/11 payable in March 1855.
4. Aurelia Guidry, a cash balance in her favor of $194.71, two balances in
her favor each
of $185.39 4/11 payable in March 1853 and 1854 and a third of $19.98 4/11
payable in
March 1855.
5. The minors Rome. The following balances in their joint favor, to wit, a
cash balance
of $184.92 «, two balances each of $176.12 4/11 payable in March 1853 and 1854
and a
balance of $19.98 4/11 payable in March 1855.
6. Sebastian Rome, the following balances in his favor, to wit: a cash
balance of $9.78 «
, two balances each of $9.27 payable in March 1853 and 1854 and a balance of 80
cents
in March 1855.
7. Louis Guidry - the following balances in his favor, to wit: a cash
balance of $245.56,
two balances of $165.95 each, payable in March 1853 and 1854 and a balance of
$19.98
4/11 payable in March 1855.
8. Manette Guidry wife of Laurent Bonnecage, the following balance in her favor,
to wit:
a cash balance of $194.71, two balances cash of $165.95 payable in March 1853
and
1854 and a balance of $19.98 4/11.
9. Edmond Guidry - the following balances in his favor, to wit: a cash
balance of $89.35
3/11, two balances each of $165.95 payable in March 1853 and 1854 and a balance
of
$19.98 4/11 payable in March 1855.
10. The minors Eugene, Elmire, Alice and Emily Guidry, the following balances in
their
joint favor, to wit: a cash balance of $82.75 3/11, a balance of $19.98
4/11 payable in
March 1855 and two balances against them as representing their deceased father
Eugene
Guidry, each of $174.05 payable in March 1853 and 1854.
11. Adele Guidry wife of Prospere Plaisance, the following balances in her
favor, to wit:
a cash balance of $89.35 3/11, two balances each of $165.95 payable in March
1853 and
1854 and a balance of $19.98 4/11 payable in March 1855.
12. Auguste Guidry, a cash balance in his favor of $768.20 3/11, a balance in
his favor of
$19.98 4/11 payable in March 1855 and two balances against him each of $23.33
payable
in March 1853 and 1854 for purchases beyond his portion of the funds accruing in
said
years.
13. Henriette Ragman Widow Donat Guidry, a cash balance of $98.71 in her favor
and a
sum of $300.00 to be paid her out of the community of funds accruing in March
1855.
That said final account sets forth all the debts due by said community and
Succession of
the late Donat Guidry and shows the debts thereof that have been and yet remain
to be
paid.
Wherefore petitioner prays that legal notice and advertisement be given ____
that
petitioner has filed in this Honorable Court his final account of his
administration of the
Succession and Community of the late Donat Guidry and that Anastasie Guidry
Widow
Louis Nicolle, Clemence Guidry Widow Jean Theriot, Aurelia Guidry, Sebastian
Rome
in his own right and as tutor of his minor children Rome, Louis Guidry, Manette
Guidry,
wife of L Bonnecage her said husband, Edmond Guidry, Elise Gaudier Widow Eugene
Guidry as natural tutor of the minors Eugene, Elmire, Alice and Emily Guidry,
Adele
Guidry wife of Prospere Plaisance and her said husband, Auguste Guidry and
Henriette
Ragman Widow Donat Guidry, all residing in the Parish of St. James and Donat
Guidry
residing in the Parish of Ascension be cited to show cause if any they have why
said final
account of said Community and Succession of Donat Guidry should not be approved
and
homologated, petitioner is authorized to pay according thereto, and (upon
payment of the
debts thereof and of the cash accruing to the several heirs and the surrender to
said heirs
of portions in community of the residence of said estate) why petitioner should
not be
discharged and his bond cancelled and annulled.
Petitioner further prays after due proceeding is had, said final account of
Administration
be approved and homologated, petitioner ordered to pay the creditors and heirs
of said
estate according thereto, that after said payments shall have been made and
petitioners
shall have divided the residuum of said estate accruing in the years 1853, 1854
and 1855
to the heirs that petitioner be discharged from the administration of said
estate and his
bond cancelled and annulled. Petitioner finally prays for general relief.
And as in duty
bound,
SM Berault of Counsel
District Court, Ph St. James
Estate of Donat Guidry
Final Account of Administration Rendered by Tecle Nicolle, Admin.
Filed 29th September 1852
TS Gaudet, Clerk
Final Account of the Administration of the Estate of the late Donat Guidry
rendered by
Tecle Nicolle Administrator.
Assets of the Community of gains which existed between the late Donat Guidry and
his
surviving wife Henriette Ragman Widow Donat Guidry
1. Proceeds of sales of 8 Hhds Sugar $348.13
2. Do Do of 1 Hhd Sugar $44.09
3. Proceeds of sales of 12 Bbls Molasses $131.52 $523.74
4. Do of 7 Bbls Sugar and $93.891/2
Molasses sold to divers. The above
sugar and molasses constitutes the
crop of 1850.
5. Received cash from divers for amount
of moveables adjudicated at sale of
31st May 1851 $254.30
6. Louis D. Guidry one of the heirs owes
cash for moveables to him adjudicated
at sale of 31st May 1851 $30.15
7. Donat Guidry one of the heirs owes Cash
for moveables by him bought at the sale
of 31st May 1851 $46.00
8. Eugene Guidry one of the heirs owes Cash
for moveables bot at the sales of 31st May
1851 $6.60
9. Auguste Guidry an heir owes Cash for
moveables bot at said sale $74.65
10. Widow Donat Guidry for do do $1.30
Amount of Community Assets Carried Forward $1030.631/2
Amount brot over $1030.631/2
By judgement of District Court rendered the 25th April 1851 on the opposition of
Widow
Donat Guidry it was decreed that the improvements mentioned therein and situated
on
the two tracts of land belonged to the community and should be sold together
with and on
the same terms as the land on which they stood and that an Inventory and
appraisement
of said improvements should be made by J.B. Ferchand, Not. Pub. The value
whereof
was to be deducted from the price of the adjudication of said lands and credited
to the
community. An inventory of said improvements was taken by J.B. Ferchand
Not. Pub.
On the 8th day of May 1851 and amounted to $1193.00 as follows, to wit:
11. The improvements on the land adjudicated to
Auguste Guidry (at sale of 31st May 1851 for
$710 payable 1/5 Cash, 1/3 of balance in March
1852, 1853 and 1854) now valued at $144
of which the Administrator has received
for accountof the Community 1/5 Cash. $28.80
12. Also 1/3 of the balance of said sum of $144.
(ie $115.20, in March 1852) $38.40 $67.20
Carried Forward $1097.831/2
Amount brot forward being the total Amount of $1097.831/2
the Cash Assets of the community up to this Period.
The balance of the Assets of the community consists
in the balance of said improvements payable as follows:
In March 1853
13. 1/3 of $115 due in March 1853 by Auguste Guidry
for said improvements valued at $144 $38.40
14. The 1/3 of the improvements $1049 belonging
to the Community and situated on the land
adjudicated to Theogene Caillouet at the sale
of the 27th April 1852 for $1650, payable
1/3 March 1853, 1854 and 1855. $349.662/3 $388.06 2/3
In March 1854
15. 1/3 of $115 due in March 1854 by Auguste
Guidry for improvements valued at $144 $38.40
16. 1/3 of the value of improvements $1049
due in March 1854 by Theogene Caillouet $349.662/3 $388.06 2/3
In March 1855
17. 1/3 of the value of improvements $1049
due in March 1855 by Theogene Caillouet $349.662/3
Total amount of the Assets of the Community $2223.631/2
The balance of $566 after deduction of the
improvements $140 from the price $710 of land
Amount Carried Forward $2223.631/2
and improvements adjudicated to Auguste Guidry
forms part of the separate property of deceased
and is hereinafter credited to his Succession
proper and is payable as follows:
1/5 Cash of $566 $113.20
1.3 of Balance of $452 March 53 $150.931/3
Do Do March 54 $150.931/3
Do Do March 55 $150.931/3
$566.
The balance $601 after deduction of the
improvements $1049 from the price of $1650 of
the land and improvements adjudicated to
Theogene Caillouet forms part of the separate
property of deceased and is hereinafter credited
to his Succession proper and is payable as follows:
1/3 of $601 pble Mch 1853 $200.331/3
" " " " 1854 $200.331/3
" " " " 1855 $200.331/3
$601
Debts due by the Community of Acquests
1. Paid Dr. Palmer the amount of his bill $53.50
medical attendance of which the community
owes ____ for 81/2 months abonnement
at $40 per annum $28.30 $28.30
The balance is due by separate
payment $25.20
Amount carried forward $28.30 $2223.631/2
Amount brot over $28.30 $2223.631/2
2. Paid J.B. Ferchand Not. Pub. for inventories,
family meeting $58.45
3. Do Do Do $21.00
4. Paid G. Sulra Dep. Sheriff's fees $6.50
5. Do Do Do $7.00
6. Paid C. Morvy Messager for advertisements
of sale $25.00
7. Paid Do Do for second notice
of the sale of land on which community
improvements are situated $15.00
8. Paid Do Do for third publications
of said sale $12.00
9. Paid Do Do for notices for
administration $3.40
10. Paid T. S. Gaudet Clerk for law charges $53.85
11. " Do for costs in proceedings for the
sale of land and improvements $20.30
12. Paid T. Roman Recorder $2.35
13. " for Taxes $23.41
14. " A.A.Boucry Auctioneer for 1/5 of his
commission for sale of property to be borne
by the community. The balance of $38,
ie $30.40 is charged to the separate
property of the lateDonat Guidry $7.60
15. Paid E. Ory Sheriff his fees $6.60
16. " Do Do $3.69
17. " ferry passage to and from N Orleans for acct
of community $7.25
18. Paid Emile Rome for the grinding season
of 1850 $10.00
Amnt Carried Forward $311.70 $2223.631/2
Amount Brot Over $311.70 $2223.631/2
19. Paid Clement Rome for the grinding season
of 1850 $15.00
20. Paid James Hubbill for Molasses bbls $12.50
21. Paid J.D. Ghardners for store account $36.20
22. Paid Prospere Plaisance his account $73.40
23. Paid Braud & Landry for amt of ___ by them
paid to Francois Henri and interest $37.07
10 Sacs of corn
$18.63 $55.70
24. Paid S.M. Berault Atty. At Law for settling
community and succession $250.00
The following debts are yet due by the community:
25. to Louis D. Guidry one of the heirs of the
estate - a note subscribed by the late Donat
Guidry dated 22 April 1847 payable in March
1848 $70.00
for 51/2 cords of wood $11.00 $81.00
26. To Auguste Guidry an heir - A note of the
late Donat Guidry dated 19 July 1848 due in
March 1849 $521.00
Salary as overseer from 1st January 1849 to
1st January 1851 $200.00
for pipes $2.50 $723.50
NB his salary from 1st January 1851 to June 1851
$30.00 is charged to separate property
27. To Widow Andre Bernard for a note of late
Donat Guidry dated 29 April 1850 due
March 51 $77.00
Amt Carried over $1656.00 $2223.631/2
Amt brot over $1656.00 $2223.631/2
28. To Alexandre Oubre
for the grinding season for 1849 $3.00
DO DO 1850 $9.75 $12.75
29. To J.B. Caillouet for an ox $20.00
30. " Breville for meat $38.00
31. " Sylvain --------
for grinding season 1849 $15.00
" " 14 days 1850 $7.00 $22.00
32. To Widow Placide Guidry for money lent
to the deceased $65.00
33. Commission of Administrator on the
amount of the moveables belonging to
the community appraised as per inventory
of the 28th December 1850 at $739.75
On the amount of the improvements as
per inventory of 8 May 1851 $1193.00
$1932.75
2 « per cent $48.32
The Administrator's Commission 2 « on the
balance $5607.00
$7932.75
is $140.17
1% of the amt of $7359.75 of inventory is
charged to the separate property of deceased
For the purpose of discharging the debts of the
community due to others than the surviving wife
Widow Donat Guidry or to the deceased which
said debts above set forth amount to $1842.07,
thereby exceeding by $744.23 « the amount of
$1097.83 « the cash assets of the Community
thus far realized it will be necessary (for no advance
Amt Carried forward $1842.07 $2223.63 «
Amount brot over $1842.07 $2223.63 «
of funds is made by Widow Donat Guidry to pay
her share of the debts of the Community) to
advance out of the Cash funds belonging to the
separate property or succession proper of the
late Donat Guidry by discounting the sum of
$388.06 2/3 which will (as above stated in the
assets) fall due in March 1853 also the sum of
$388.06 2/3 which are (sic) payable in March 1854.
The Community is therefore chargeable with the
amount of said discounts as follows:
34. Dis't 8% per annum on $388.06 2/3 from
the 1st October 1852 to the 3rd April 1853
6 mos $15.52
35. Dis't 8% per annum on $388.06 2/3 from
the 1st October 1852 to the 3rd April 1854
18 mos $46.56 $1904.15
Balance of Comm'y. to be applied to the claims $319.48 «
of the spouses
36. The Community owes to Henriette Ragman
Widow Donat Guidry for the amount received
by Donat Guidry for the price of a tract of land
on the Amite which belonged to Henriette Ragman
(payable out of funds of 1855) $300.00
The above balance of $319.48 « being insufficient to
pay the said sum of $300.00 due to Widow Donat Guidry
Amt Carried forward $300.00 $319.48 «
Amt Brot over $300.00 $319.48 «
and the sum of $300.00 due by the Community to the
late Donat Guidry for so much received by him during
his 2nd marriage (as an heir from the succession of the
late Widow Joseph Guidry). Henriette Ragman Widow
Donat Guidry (under the rule laid down bythe Sup Court
in the case of Leon Falgout Executor vs Heirs of
Pierre Daspit 6 Aril p172) is to be first paid her
said claim of $300.00, her claim of $100.00 for amt of
donation as per marriage contract being deducted from
the separate property of deceased and credited to her
hereafter.
37. The Balance (19.48 «) of the Comm. is credited on
account of the claim of $300.00 of the late Donat
Guidry for the sum received during his 2nd marriage
from the succession of the late Widow Joseph
Guidry. $19.48 « $319.48 «
The funds of the Comm. being insufficient the loss of the
balance of this claim is to be borne by the heirs of the
deceased.
The Separate Property or Succession Proper of the late Donat Guidry
Assets
1. 2 months hire of the slave Louise $20.00
2. Received from L Bonnecage the 1/4 Cash on
the price of $1320.00 of the adjudication of
the slave Julien $330.00
3. Received from L. Bonnecage the
installment due in March 1852 for the
price of the slave Julien $330.00 $660.00
The 3rd and 4th installments of $330.00 are due in
March 1852 and 1853 by L. Bonnecage figure below.
4. Received from Eugene Guidry the cash
installment 1/4 of the price of $1360.00
of the slave Thomas $340.00
5. Do Do the 2nd
installment due in March 1852 of the price of
the slave Thomas $340.00 $680.00
The 3rd and 4th installments of $340.00 due in March
1853 and 1854 by Eugene Guidry figure below.
6. Amount of the price of the slave Louise adjudicated
to Widow Louis Nicolle, Donat Guidry, Clemence
Guidry Widow Jean Theriot, Louis Guidry,
Manette Guidry wife of L. Bonnecage, Edmund
Guidry, Eugene Guidry and Adele Guidry wife of
Prospere Plaisance and August Guidry for $700.00
on account of their hereditary shares in this estate.
Amt Carried forward $1360.00
Amount brot over $1360.00
7. 1/4 Cash of price of said slave $175.00
8. 2nd installment due in March 1852 $175.00 $350.00
The 3rd and 4th installments of $175.00 cash payable in
March 1853 and 1854 figure below.
9. Received from Prospere Plaisance the 1/4 Cash of the
price $820.00 of the slave Eliza $205.00
10. He yet owes the 2nd installment of said price due
in March 1852 $205.00 $410.00
The 3rd and 4th installments of $205.00 each payable in
March 1853 and 1854 figure below.
11. Received from Widow Louis Nicolle the Cash
installment being 1/2 of the price $1000.00 of
the slave Azelie and her son Elphize $250.00
12. Received from Widow Louis Nicolle the 2nd
installment due in March 1852 for the price of the
slaves Azelie and Elphize $250.00 $500.00
The 3rd and 4th installments of $250.00 each payable
in March 1853 and 1854 figure below.
13. The balance (of $566.00) to be credited to the
separate property of the deceased consisting
of that portion of the price of $710.00 of the land
adjudicated to Auguste Guidry after deduction
of $144.00 for improvements credited to the
community is payable as follows - to wit:
Amount Carried forward $2620.00
Amount brot over $2620.00
13. (sic) Received from Auguste Guidry 1/5 of said
balance of $566.00 Cash $113.20
14. Received from Do Do 1/3 of the residue
$452.82 of said balance of $566.00 due in
March 1852. $150.93 1/3 $2884.13 1/3
The 3rd and 4th installments of $150.93 1/3 each payable
in March 1853 and 1854 figure below.
Amount of the Assets of the separate estate of D. Guidry due or realized up to
this day $2884.13 1/3
15. From this amount is to be deducted the sum
of $714.05 advanced to the community from
the separate estate by the discounting of
the sum of $388.06 2/3 due in March 1853 (see
No. 13 and 14, p.3) also of that of $388.06 2/3
due in March 1854 (see No. 15 and 16,
p. 3) $776.13 2/3
Discount (No. 34 and 35, p. 8) $62.08 $714.05
(The 2 amts. of $388.06 2/3 figure below)
Amount of Cash belonging to sep. estate $2170.08 1/3
from which must be deducted
Debts Due by Separate Estate of Donat Guidry
1. Paid St. Michel's church for burial of deceased
and of slave Roselin $65.75
2. Paid Dr. Palmer for part of abonnement and
medical attendance to slave $25.20
3. Paid J. Gex for tombstone $25.00
4. Paid for ground for the tomb $45.33
5. Paid A Morvy for letters for funeral $5.00
6. Paid J.B. Garders bricks for tomb $8.00
7. Paid Henri Baudet for building tomb $25.00
$199.28 $2170.08 1/3
Amount brot over $199.28 $2170.08 1/3
8. Paid Pierre Escurve (_______) $4.00
9. " A.A. Bovery for sale of land $16.50
10. " Do for commissions on sales
of separate property $30.40
11. Paid Widow J. Varasseur, midwife, for
the delivery of slave Eliza $5.00
12. Paid Jacque Denois for salt for slaves $2.60
13. Paid C. Ridgnay for bacon for slaves $2.16
14. Paid for meat for slaves $1.70
15. Paid Auguste Guidry for expenses for
slaves since the 1st January 1851 to
sale $7.90
16. Paid S. Eglise (St. Michels) for funeral
services on 12 November 1851 $25.00
17. Paid S. M. Berault Atty at Law for
services rendered in the suit as to the
title of the land and slaves $110.00
18. Paid Administrator his commission 2 «%
on the balance of Inventory $5607.00
value of separate property and No. 33
p. 7 $140.17
17. The separate estate owes to Henriette
Ragman Widow Donat Guidry for the
amount of the Donation to her made by
Donat Guidry as per marriage contract. $100.00
20. The separate estate owes to Auguste
Guidry for services rendered as overseer
from 1st January 1851 to 1st June 1851 $30.00
21. The Separate Property owes to the heirs
of the late Ursin Guidry who died without
issue, leaving as his heirs, his father the
Amount Carried forward $674.41 $2170.08 1/3
Amount brot over $674.41 $2170.08 1/3
late Donat Guidry and brothers and sisters of
the whole and half blood the amount accruing
to him from the Estate of his late mother
Rosalie Bourg deceased wife of Donat
Guidry $100.00
¬ of which accruing to the estate of the
late Donat Guidry is extinguished by $25.00
confusion thereby leaving the sum of $75.00
which is to be divided by assigning «
($37.50) to the heirs of the full blood
exclusively and by dividing the other half
($37.50) between the brother and sisters
whether of the whole or half blood as
follows to wit:
The heirs of the whole blood
1. Anastasie Guidry Widow Louis Nicolle
1/7 of $37.50 $5.35 5/7
1/11 of $37.50 $3.41
$8.76 5/7
2. Donat Guidry Do Do $8.76 5/7
3. Clemence Guidry Veuve Jean Theriot $8.76 5/7
4. Orelia Guidry, representing her father
Placide Guidry $8.76 5/7
5. The minors Rome representing their
deceased mother Eulalie Erasie
Guidry $8.76 5/7
6. Louis Guidry $8.76 5/7
7. Manette Guidry wife of L. Bonnecage $8.76 5/7
The heirs of the half blood
8. Edmond Guidry 1/11 of $37.50 $3.41
9. Heirs of Eugene Guidry $3.41
10. Adele Guidry wife of P. Plaisance $3.41
11. Auguste Guidry $3.41 $75.00
Amount Carried forward $749.71 $2170.08 1/3
Amount brot over $749.71 $2170.08 1/3
22. The separate estate owes to the following
heirs for the respective amounts accruing
to them from the estate of their late
mother Rosalie Bourg deceased wife of
Donat Guidry
22. To Aurelia Guidry representing her father
Placide Guidry $100.00
23. To the minors Rome representing their
mother Eulalie Guidry $100.00
24. To Louis Guidry $100.00
25. To Manette Guidry wife of L. Bonnecage $100.00
26. Reserved for the homoligation of this
final amount $75.00 $1224.71
Balance of Cash belonging to Sep. Estate $945.37 1/3
Assets Due in March 1853
16. 3rd installment due in March 1853 by L.
Bonnecage for the slave Julien $330.00
17. 3rd installment due in March 1853 by
Eugene Guidry for the slave Thomas $340.00
18. 3rd installment due in March 1853 by
Widow Louis Nicolle, Donat Guidry,
Clemence Guidry, Widow Jean Theriot,
Louis Guidry, Manette Guidry, wife of
L.Bonnecage, Edmond Guidry, Eugene
Guidry, Adele Guidry wife of Prosper
Plaisance and Auguste Guidry jointly for
slave Louise $175.00
19. 3rd installment due in March 1853 by
Prosper Plaisance for slave Eliza $205.00
Amount Carried forward $1050.00 $945.37 1/3
Amount brot over $1050.00 $945.37 1/3
20. 3rd installment due in March 1853 by
Widow Louis Nicolle for the slaves
Azelie and Elphize $250.00
21. 3rd installment due in March 1853 by
Auguste Guidry being the 1/3 of the
residue $452.82 of the balance of
$566 after deducting the sum of $144.00
(for improvements credited to the
community) from the price of $710.00
of the land adjudicated to Aug. Guidry
Sec. No 13 and 14, pp 11 and 12. Also
No. 11 and 12, p. 2; No. 13 and 15,
P. 3 and 4. $150.93 1/3
17. 1/3 of $115.00 due in March 1853 by
Auguste Guidry for improvements
valued at $144.00. This sum of $138.40
forming part of the price of the land
$710.00 also part of the sum of $388.06 2/3
(No. 13 and 14, p. 3) credited to community
and discounted (No. 34, p.8) $38.40 189.33 1/3
23. 1/3 of the value of the improvements due
in March 1853 ($1049.00) belonging to the
community and situated on the land
adjudicated to Theogen Caillouet for
$1650.00 which sum of $349.66 2/3 is
credited to the community and forms part
of that of $388.06 2/3 (No. 14, p. 3) and
which is discounted (No. 34, p.8 & p. 7) $349.66 2/3
24. 1/3 of the balance of $601.00 due in March
1853 after deducting the value of $1049.00
of the improvements from the price of $1650.00
Amounts Carried forward $349.66
2/3 $1489.33 1/3 $945.37 1/3
Amounts brot over $349.66
2/3 $1489.33 1/3 $945.37 1/3
of the land adjudicated to Theogene
Caillouet $200.33
1/3 $550.00
Amount due in March 1853 $2039.33 1/3
Assets due in March 1854
25. 4th installment due in March 1854 by L.
Bonnecage for the slave Julien $330.00
26. 4th installment due in March 1854 by
Eugene Guidry for the slave Thomas $340.00
27. 4th installment due in March 1854 by
Widow Louis Nicolle, Donat Guidry,
Clemence Guidry, Widow Jean Theriot,
Louis Guidry, Manette Guidry wife of
L. Bonnecage, Edmond Guidry, Eugene
Guidry, Adele Guidry wife of Prospere
Plaisance, and Auguste Guidry for the
slave Louise $175.00
28. 4th installment due in March 1854 by
Prosper Plaisance for the slave Eliza $205.00
29. 4th installment due in March 1854 by
Widow Louis Nicolle for the slaves
Azelie and Elphize $250.00
30. 4th installment due in March 1854 by
Auguste Guidry being the 1/3 of the
residue of $452.82 of the balance of
$566.00 after deducting the sum of
$144.00 for improvements credited to
the community from the price of $710.00
of the land adjudicated to Auguste
Guidry (See No. 13 and 14, p. 11 and 12;
Amount Carried forward $1300.00 $2984.702/3
Amount brot over $1300.00 $2984.702/3
also No. 11 and 12, p. 2; No. 13 and 15,
p. 3 and 4) $150.93 «
17. 1/3 of the $115.00 due in March 1854
by Auguste Guidry for improvements
valued at $144.00. This sum of $38.40
forming part of the price of the land
$710.00 also part of the sum of $388.06 2/3
(No. 15 and 16, p. 3) credited to the
community and discounted
(No 35, p. 8). $38.40 $189.33 1/3
32. 1/3 of the value of the value (sic) of the
improvements due in March 1854
($1049.00) belonging to the community
and situated on the land adjudicated to
Theogene Caillouet for $1650.00, which
1/3 $349.66 2/3 is credited to the community
and forms part of that of $388.06 2/3
(No. 16, p.3) which is discounted
(No. 35, p. 8, p. 7) $349.66 2/3
33. 1/3 of the balance of $601.00 due in
March 1854 after deducting the value of
$1049.00 of the improvements from the
$1650.00 of the land adjudicated to
Theogene Caillouet. $200.33 1/3 $550.00,
Amount Due in March 1854 $2039.33 1/3
Assets Due in March 1855
34. 1/3 of the balance of $601.00 due in
March 1855 after deducting the value
Amount Carried forward $5024.04
Amount brot over $5024.04
$1049.00 of the improvements from
the price of $1650.00 of the land
adjudicated to Theogene Caillouet $200.331/3
NB. The other portion of the 3rd
installment due in March 1854 by
Theogene Caillouet ($530.00) consists
of the 1/3 of the value of $1049.00 of
the improvements of $349.66 2/3 which
1/3 is credited to the community (No. 27,
p. 3)
35. Amount of the balance ($19.48 «) of the
community funds credited on acct. of the
claim of $300.00 of the late Donat Guidry
for the sum received during his 2nd
marriage from the succession of the late
Widow Joseph Guidry (No. 37, p.9) $19.48 «
Amount due in March 1855 $219.815/6
Net Assets of Separate Estate $5243.855/6
To be divided amongst the heirs as follows, to wit:
1. 1/11 to Anastasie Guidry Widow Ls. Nicolle $476.71 4/11
2. 1/11 " Donat Guidry $476.71 4/11
3. 1/11 " Clemence Guidry, Widow Jean Theriot $476.71 4/11
4. 1/11 " Aurelia Guidry $476.71 4/11
5. 1/11 " Sebastian Rome and the heirs
of Eulalie Guidry $476.71 4/11
6. 1/11 ".Louis Guidry $476.71 4/11
7. 1/11 " Manette Guidry wife L. Bonnecage $476.71 4/11
8. 1/11 " Edmond Guidry $476.71 4/11
9. 1/11 ".the heirs of Eugene Guidry $476.71 4/11
10. 1/11 " Adele Guidry wife of P. Plaisance $476.71 4/11
11. 1/11 " Auguste Guidry $476.71 4/11 $5243.855/6
See the respective accounts of the heirs.
1. Account of Anastasie Guidry Widow Louis Nicolle
Her 1/11 of the Net assets of $5243.85 5/6 of
the separate estate payable as follows, to wit:
1. 1/11 of the Cash assets of $945.37 1/3
(plus $8.71 as heir of U. Guidry
p. 13 and 14) $85.94 3/11
17. 1/11 of the Assets of $2039.33 1/3
payable in March 1853 for 15, 16 and 17 $185.39 4/11
3. 1/11 of the Assets $2039.33 1/3 payable
in March 1854 for 27 and 28 $185.39 4/11
4. 1/11 of the Assets of $219.81 5/6
payable in March 1855 for 18 and 19 $19.98 4/11 $476.71 4/11
5. Widow Ls. Nicolle owes in March 1853
for the 1/9 of the 3rd installment of
$175.00 (No. 18, p. 15) due in March
1853 for slave Louise adjudicated to
her and others $19.44 4/9
6. For the 3rd installment due by her in
March 1853 for slaves Azelie and
Elphize (No. 20 for 16) $250.00
Amount due in March 1853 for purchases $269.44 4/9
7. Deduct amount accruing in March 1853
from the assets ($2039.33 1/3) due that month $185.39 4/11
Balance due by W Ls. Nicolle in March 1853 $84.05 1/11
8. Widow Ls. Nicolle owes in March 1854
for 1/9 of the 4th installment of $175.00
for slave Louise $19.44 4/9
9. For the 4th installment for slaves Azelie
and Elphize $250.00
Amount due in March 1854 for purchases $269.44 4/9
10. Deduct amt accruing in March 1854 from
the assets $2039.33 1/3 due in that month $185.39 1/11
Balance due W. Ls. Nicolle in March 1854 $84.05 1/11
2. Account of Donat Guidry
His 1/11 of the Net assets of $5243.85 5/6 of the
separate estate, payable as follows:
1. 1/11 of the Cash assets of $945.37 1/3 $85.94 3/11
2. 1/11 of the Assets $2039.33 1/3 payable
in March 1853 for 15, 16 and 17 $185.39 4/11
3. 1/11 of the Assets of $2039.33 1/3
payable in March 1854 for 17 and 18 $185.39 4/11
4. 1/11 of the Assets $219.81 5/6 payable
in March 1855 for 18 and 19 $19.98 4/11 $476.71 4/11
$85.94 3/11
5. From the amt. of Cash as above No. 1 must
be deducted the amount of moveables
purchased by Donat Guidry No 6 $46.00
Balance of Cash in his favor $39.94 3/11
Plus amt as heir of Ursin Guidry 13 and 14 $8.76 5/7
$48.71
6. From the amt accruing to Donat
Guidry from the assets $2049.33 1/3
due in March 1853 as above No. 2 $185.39 4/11
must be deducted the 1/9 of the 3rd
installment $175.00 for slave Louise $19.44 4/9
Balance in his favor in March 1853 $165.95
7. From the amt accruing to Donat Guidry
from the assets $2039.33 1/3 due in March
1854 as above No. 3 must be deducted the $185.39 4/11
1/9 of the 4th installment $175.00 for the
slave Louise $19.44 4/9
Balance in his favor in March 1854 $165.95
3. Account of Clemence Guidry Widow Jean Theriot
Her 1/11 of the Net assets $5243.85 5/6 of the
separate assets payable as follows:
1. 1/11 of the Cash assets of $945.37 1/3 for 15 $85.94 3/11
2. 1/11 of the assets $2039.33 1/3 payable in
March 1853 for 15, 16 and 17 $185.39 4/11
3. 1/11 of the assets $2039.33 1/3 payable in
March 1854 for 17 and 18 $185.39 4/11
4. 1/11 of the assets $219.81 5/6 payable in
March 1855 for 18 and 19 $19.98 4/11 $476.71 4/11
5. From the amt of Cash as above No. 1 $85.94 3/11
6. Add amt due her as heir of U. Guidry p. 13&14 $8.76 5/7
Amount of Cash in her favor $94.71
7. From the amt. accruing to her from the
assets $2039.33 1/3 due in March 1853
as above No. 2 must be deducted her 1/9 $185.39 4/11
of the 3rd installment of $175.00 (No. 18,
p.15) due in March 1853 for Louise
adjudicated to her and others $19.44 4/9
Balance in her favor March 1853 $165.95
8. From the amt. accruing to her from the
assets of $2039.33 1/3 due in March 1854
as above No. 3 must be deducted her 1/9 $185.39 4/11
of $!75.00 due in March 1854 for slave
Louise $19.44 4/9
Balance in her favor in March 1854 $165.95
4. Account of Aurelia Guidry
Her 1/11 of the net assets of $5243.85 5/6 of the
separate estate payable as follows:
1. 1/11 of the cash assets of $945.37 1/3 $85.94 3/11
2. Amt. cash due her as heir of U. Guidry $8.76 5/7
3. Amt. cash due her for her father Placide
Guidry's hereditary share in the estate
of his mother Rosalie Bourg deceased
wife of Donat Guidry, No. 22, p. 15 $100.00
Amt of Cash due her $194.71
4. 1/11 of the assets $2039.33 1/3 payable
in March 1853 for 15, 16 and 17 $185.39 4/11
5. 1/11 of the assets $2039.33 1/3 payable
in March 1854 for 17 and 18 $185.39 4/11
6. 1/11 of the assets $219.81 5/11 payable
in March 1855 for 18 and 19 $19.98 4/11
$585.48 1/11
5. Account of the Minors Rome
At the death of the late Donat Guidry the 5 minors Rome represented their mother
Eulalie Eresie Guidry deceased wife of Sebastian Rome in the Succession of their
grandfather Donat Guidry for 1/11. Since the death of Donat Guidry the
minor ______
Rome died leaving his father Sebastian Rome as an heir for ¬ of his estate and
his 4
brothers as heirs for _ thereof.
1. 1/11 of the Cash Assets of $945.37 1/3 $85.94 3/11
2. Amt. of Cash due as heirs of U. Guidry $8.76 5/7
3. Amt. of Cash due their mother for her share
in the estate of her mother Rosalie Bourg
deceased wife of D. Guidry $100.00
Amt. of Cash $194.71
4. Deduct the share accruing to Sebastian Rome
as heir for ¬ of the 1/5 ($39.14 1/5) of $194.71
of his deceased son _____ Rome $9.78 «
Amt. of Cash accruing to the 4 minors Rome
collectively $184.92 « $184.92 «
5. 1/11 of the assets of $2039.33 1/3 payable in
March 1853 for 15, 16 and 17 $185.39 4/11
6. Deduct the amt. accruing to Sebastian Rome
as heir for ¬ of the 1/5 ($37.08) of the share
of his son _____ Rome $9.27
Amt. accruing to said 4 minors in March 1853 $176.12 4/11 $176.12 4/11
7. 1/11 of assets $2039.33 1/3 payable in
March 1854 for 17 and 18 $185.39 4/11
8. Deduct amt. accruing to S. Rome as per
No. 6 above $9.27
Amt. accruing to said 4 minors in March 1854 $176.12 4/11 $176.12 4/11
9. 1/11 of Assets $219.81 5/11 pbl in March 1855 $19.98 4/11
10. Deduct ¬ of 1/5 of $19.98 4/11 accruing to
S. Rome $0.80
Amt. accruing to the said 4 minors in March 1855 $19.18 4/11 $19.18 4/11
Total Amt. accruing to the minors Rome $556.35 1/11
6. Account of Sebastian Rome
1. The share accruing to him as heir of his
deceased son ______ Rome for ¬
of the 1/5 ($39.14 1/5) of the Cash
$194.71 as per p. 24, No. 4 $9.78 «
2. Do Do Do
for ¬ of the 1/5 of $185.39 4/11 payable in
March 1853 p. 24, No. 6 $9.27
3. Do Do payable in March 1854 p. 24,
No. 8 $9.27
4. Do Do Do
for ¬ of the 1/5 of $19.98 4/11 payable in
March 1855 p. 24, No.11 $.80
$29.12 «
7. Account of Louis Guidry
1. His 1/11 of the Cash Assets of $945.37 1/3 ,
No.15 $85.94 3/11
2. For amt due him in Cash by the Community
for a note of late Donat Guidry dated
22nd April 1847 payable March 1848 $70.00
For 5 « cords wood
$11.00 $81.00
3. For Cash due him as heir of U. Guidry $8.76 5/7
4. Amt due in Cash for his hereditary share in
the estate of his mother Rosalie Bourg $100.00
$275.71
5. From which deduct amt of moveables cash
by him purchased at sale $30.15
Balance Cash in his favor $245.56 $245.56
6. 1/11 of the Assets $2039.33 1/3 payable in
March 1853, p. 15, 16 and 17 $185.39 4/11
7. Deduct the 1/9 of the 3rd installment of $175
due in March 1853 for slave Louise $19.44 4/9
Balance in his favor in March 1853 $165.95 $165.95
8. 1/11 of the assets $2039.33 1/3 payable in
March 1854, p. 17 and 18 $185.39 4/11
9. Deduct the 1/9 of the 4th installment of $175
due in March 1854 for the slave Louise $19.44 4/9
Balance in his favor March 1854 $165.95 $165.95
10. 1/11 of the assets $219.81 5/6 payable in
March 1855, p. 18 and 19 $19.98 4/11
$597.44 4/11
8. Account of Manette Guidry wife L. Bonnecage
1. Her 1/11 of the cash assets $945.37 1/3 $85.94 3/11
2. For cash due her as heir of U. Guidry $8.76 5/7
3. Amt due in Cash for her hereditary share in the
estate of her mother Rosalie Bourg $100.00
Amt of Cash due her $194.71 $194.71
4. 1/11 of the assets of $2039.33 1/3 payable in
March 1853 p. 15, 16 and 17 $185.39 4/11
5. Deduct her 1/9 of the 3rd installment of $175
for the slave Louise due in March 1853 $19.44 4/9
Balance in her favor pble in March 1853 $165.95 $165.95
6. 1/11 of the assets $2039.33 1/3 payable in
March 1854 p. 17 and 18 $185.39 4/11
7. Deduct her 1/9 of the 4th installment of $175
due in March 1854 for the slave Louise $19.44 4/9
Balance in her favor in March 1854 $165.95 $165.95
8. 1/11 of the assets of $219.81 5/6 payable in
March 1855 p. 18 and 19 $19.98
$546.59 4/11
9. Account of Edmond Guidry
1. 1/11 of the Cash assets of $945.37 1/3 $85.94 3/11
2. For his share as heir of U. Guidry $3.41
Amt of Cash due him $89.35 3/11 $89.35 3/11
3. 1/11 of the assets of $2039.33 1/3 payable
in March 1853 p. 15, 16 and 17 $185.39 4/11
4. Deduct his 1/9 of the 3rd installment of $175
due in March 1853 for the slave Louise $19.44 4/9
Balance due him in March 1853 $165.95 $165.95
5. 1/11 of the assets $2039.33 1/3 payable
in March 1854, p. 17 and 18 $185.39 4/11
6. Deduct his 1/9 of the 4th installment of $175
due in March 1854 for the slave Louise $19.44 4/9
Balance due him in March 1854 $165.95 $165.95
7. 1/11 of the assets $219.81 5/6 payable in March
1855, p. 18 and 19 $19.98 4/11
$441.23 7/11
10. Account of the minors Eugene, Elmire, Alice and Emilie Guidry representing
their father Eugene Guidry who died on the 5th May 1852.
1. 1/11 of the cash assets $945.37 1/3 $85.94 3/11
2. For the share of their father as heir of
C. Guidry $3.41
$89.35 3/11
3. Deduct for amt of moveables bought by Eugene
Guidry at sale 31 May 51 $6.60
Balance cash in their favor $82.753/11 $82.753/11
4. 1/11 of the Assets $2039.33 1/3 payable in
March 1853 p. 15, 16 and 17 $185.39 4/11
5. Deduct the 1/9 due by Eugene Guidry for the
3rd installment of $175 in March 1853 for
slave Louise $19.44 4/9
6. For the 3rd installment due in March 1853 by
Eugene Guidry for the slave Thomas p. 15 $340.00
Amount due in March 1853 for purchases $359.44 4/9
7. Deduct 1/11 of Assets due in March 1853 $185.39 4/11
Amt due in March 1853 by estate of E. Guidry $174.05
8. For the 1/9 due by Eugene Guidry for the 4th
installment of $175 payable in March 1854
for slave Louise $19.44 4/9
9. for the 4th installment due in March 1854 by
Eugene Guidry for slave Thomas $340.00
Amt due in March 1854 for purchases $359.44 4/9
10. Deduct 1/11 of Assets $2039.33 1/3 in March
1854 $185.39 4/11
Amt due in March 1854 by estate of E. Guidry $174.05
11. 1/11 of the assets $219.81 5/6 payable in
March 1855 p. 18 and 19 $19.98 4/11
11. Account of Adele Guidry wife of Prospere Plaisance
1. 1/11 of the cash assets $945.37 1/3 $85.94 3/11
2. For her share as heir of U. Guidry $3.41
Amt of Cash due her $89.35 3/11 $89.35 3/11
3. 1/11 of the assets $2039.33 1/3 payable in
March 1853 p. 15, 16 and 17 $185.39 4/11
4. Deduct her 1/9 of the 3rd installment of $175
due in March 1853 for the slave Louise $19.44 4/9
Balance due her in March 1853 $165.95 $165.95
5. 1/11 of the assets $2039.33 1/3 payable
in March 1854 p 17 and 18 $185.39 4/11
6. Deduct her 1/9 of the 4th installment of $175
for the slave Louise $19.44 4/9
Balance due her in March 1854 $165.95 $165.95
7. 1/11 of the Assets $219.81 5/6 payable in
March 1855 p. 18 and 19 $19.98
$441.23 4/11
12. Account of Auguste Guidry
1. 1/11 of the Cash Assets $945.37 1/3 $85.94 3/11
2. For his share as heir of U. Guidry $3.41
3. For amt of note of Donat Guidry 19 July
1848 due in March 1849 $521.00
4. For salary as overseer from 1st Jan 1849
to 1st Jan 1851 $200.00
5. For pipes, No. 26, p. 6 $2.50 $723.50
6. For amt due for services as overseer
from 1st Jan 1851 to 1st June 1851 $30.00
$842.35 3/11
7. Deduct moveables bot at sale $74.65
Balance of Cash in his favor $768.203/11 $768.203/11
8. For his 1/9 of the 3rd installment of $175 due
in March 1853 for slave Louise $19.44 4/9
9. For the 3rd installment due in March 1853 for
the land adj. to him, No. 21 and 22, p. 16 $189.33 1/3
$208.77 7/9
10. Deduct his 1/11 of assets $2039.33 1/3 in
March 1853 p. 15, 16 and 17 $185.39 4/11
Balance due by him in March 1853 $23.38
11. For his 1/9 of the 4th installment of $175 due
in March 1854 for slave Louise $19.44 4/9
12. For the 4th installment due in March 1854 for
the land adj. to him, No. 30 and 31,
p.17 & 18 $189.33 1/3
$208.77 7/9
13. Deduct his 1/11 of assets $2039.33 1/3 in
March 1854 $185.39 4/11
Balance due by him in March 1854 $23.38
14. For his 1/11 of the assets $219.81 5/11
payable in March 1853 p. 18 and 19 $19.98 4/11
13. Account of Henriette Ragman Widow Donat Guidry
1. For amount cash due by separate estate to
Widow Donat Guidry for donation to her
made by late Donat Guidry as per marriage
contract No. 19 p. 13 $100.00
2. Deduct amt of moveables bought by her at
sale $1.30
Balance Cash due her $98.70 $98.70
3. For amt received on her account by Donat
Guidry for the price of a tract of land on the
Amite which is payable out of the community
assets in March 1855 $300.00
$398.70
Tecle Nicolle
The Administrator Tecle Nicolle, administrator of the succession of the late
Donat
Guidry having fully proven the payment of the claims of the creditors and those
of the
heirs of said succession. It is therefore ordered adjudged and decreed
that said
Administrator Tecle Nicolle be and he is hereby discharged from the
Administration of
said Succession of the late Donat Guidry and his bond as Administrator of said
Succession is hereby cancelled and annulled.
Read and Signed in Open Court, Parish of Saint James on the 13th day of March
1856.
Cyrus Ratliff
Judge of the Seventh Judicial District
Presiding in the Fourth District
Estate of the late Donat Guidry
State of Louisiana
Fourth Judicial District Court
Parish of St. James
The State and Court aforesaid
To Anastasie Guidry Widow Louis Nicolle and Clemence Guidry Widow Jean Theriot
residing in the Parish of St. James
You are hereby cited to show cause, in writing, within ten days from service
hereof, in
the Office of the Clerk of this Court at the Court House in this Parish, why the
final
account of Administration of the above Estate should not be homologated, as
prayed for
in the petition whereof a true Copy is hereto annexed.
Witness the Hon. Albert Duffel, Judge of our said Court this 4th day of October
AD
eighteen hundred and fifty two.
TS Gaudet, Clerk
State of Louisiana
Fourth Judicial District Court
Parish of St. James
Estate of the late Donat Guidry
The State and Court aforesaid,
To Aurelia Guidry and Sebastian Rome in his own right, and as natural tutor,
residing in
the Parish of St. James,
You are hereby cited to show cause, in writing, within ten days from service
hereof, in
the Office of the Clerk of the Court at the Courthouse in this Parish, why the
final
account of the Administration of the above Estate should not be homologated, as
prayed
for in the petition whereof a true Copy is hereto annexed.
Witness the Hon. Albert Duffel, Judge of our said Court this 4th day of October
AD
eighteen hundred and fifty two.
TS Gaudet, Clerk
Succession and Community of late Donat Guidry
Citations
Filed 6th October, 1852
TS Gaudet, Clerk
Received on the 4th October 1852 and on the next day I served copies of the
written
citation (petition annexed) on Aurelia Guidry in person. And on the same
day, to wit, the
5th October 1852 I served similar copies at the domicile of Sebastian Rome,
situated in
this Parish, left bank of the Mississippi River about three miles below the
Convent, by
leaving said copies in the hands of a free white person above the age of 14,
known to me
by the name of Sebastian Rome, Jr. and living in the same house with said Rome,
the
said Sebastian Rome being absent from home at the time of the service hereof.
Whereof
I make this my return at the Parish of St. James this 5th October 1852.
for Eugene Ory, Shff.
Jn. B. Ory, Dep. Shff.
Shffs. Fees: $4.00
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