Smalley, Lenora M. Vs Heirs of Thos. Heard

Used with permission of Jerry Mead

Probate Records, Catahoula Parish Courthouse, LA.
Unreadable notation of one side of cover: Probably : Mr. Henry Wilson
---please----then unreadable signatures

Cover: Case No. 515 Lenora M. Smalley vs. The Heirs of Thos. Heard
Copy of Original on file
Filed Dec 22 1852
Wm M. Fenn
D Clerk

Henry Wilson
I hereby receive service of citation and Petition in this case and consent that a partition be effected as prayed for in the written petition 11th December 1852 Henry Wilson Tutor to Wm P. Wilson

To the honorable Edward Barry, Judge of the Eleventh Judicial District of the State of Louisiana, holding session in and for the Parish of Catahoula.

The Petition of Lenora M. Heard, wife of Preston Smalley, a resident of said Parish of Catahoula, herein joined authorized and assisted by her said husband with due respect represents that she is one of the forced heirs of Thomas Heard, deceased has inherited from him and is the owner of an undivided ninth part share and interest in and to the following named slaves, to wit: Emily aged about 44, her children Mary about 26, Willis about 22, Elizabeth about 16, Adaline about 13, Evaline about 11, and Calvin about 7 years old. Also John about 6, Jabs about 2, and Adaline an infant about 1 year old. The three last named being the children of Mary. Also Pamilia aged about 36 and her children Amanda about 13, Deborah about 10, Claiborn about 8, and Nancy about 3 years of age, all slaves for life.

That her father Thomas Heard late a resident of said parish died about the year _____seized of said slaves, which he owned in his own separate right and that the same has remained in the possession of his widow Jane Heard ever since. Our petitioner avers that she is desirous of having said slaves judicially partitioned in order that she may receive the part and share to which she is legally entitled.

Wherefore she prays that her Co-heirs be cited to appear and answer hereto, to wit: George W. Heard and Caroline Heard who inherit by representation and in right of his father Cyrus Heard died and who are represented by their mother and natural tutorix Letitia Newsom and her husband and co___ Robt. J. Newsom, Harriet Ballew ,wife of Thomas C. Ballew; Mary Spann wife of James H. Spann; Laura J. Hawthorn who inherits by representation and in right of her mother Susan
Heard, and being a minor is represented by her grandmother Jane Heard as her tutorix; Jane Wilson who inherits by representation and in right of her mother Louisa Heard, deceased and being a minor is represented by said Jane Heard as her tutorix; William Wilson who inherits by representation and in right of his mother Ursallia Heard. Said William Willson being a minor and represented by his father Henry Willson, who is his natural tutorix; Angeline Heard, wife of James P. Budden and Caroline Heard a minor who is represented by her mother Jane Heardas her natural tutorix. All of who with the exception of Henry Willson who resides in the parish of Tensas and James P. Budden who resides in the parish of Franklin,are residents of the aforesaid parish of Catahoula. Your petitioner prays that the husbands of such of the aforesaid parties as are named and cited to aid their wives in their defence that the minors named be cited through their Tutors and Co____.

That Jane Heard in her own right be also made a party hereto. That after a full and final hearing of all the parties a decree of partition be pronounced and a partition ordered by sale if a partition in kind be found impracticable that the heirs be ordered to collate and return to the mass of the Succession such property or sums of money as they may have received in advance from the deceased. That a Notary be named to make the partition and adjust the accounts between the heirs. That such special tutors be appointed as may be found necessary to represent the heirs and for such further relief and decree as the law and facts may render necessary.
O. Maza, Atty

State of Louisiana | District Court Parish of Catahoula | Clerks Office
I hereby certify that the above and foregoing is a true copy of the original petition now on file in this office
Witness my hand and the seal of said
Court, this 8th Day of December 1852
C.C.Dunke clk.