Probate Court Document - Averett Heirs

Heirs of Averett to Agreement and Contract. Filed April 2, 1890 and recorded in Notarial book No. 31 pages 210 et seq. Ouachita Parish Court House, Ouachita Parish, Monroe, Louisiana.

State of Louisiana
Parrish of Ouachitaw

Articles of agreement between the successors of Anna Eliza and E. D. Averett deceased estate. That we find belonging to the succession of Anna Eliza & E. D. Averett deceased and E. D. Averett deceased and Georgiana Virginia Averett the following number of acres of land to wit

In Township 17 N[orth] R[ange] One East - Section 4 - 440 acres
In Section 5 - 440 acres
In Section 6 - 40 "

TOTAL - 920 acres.

In T[ownship] 18 N[orth] R[ange]One East
In Section No. 19 - 280
In Sec[tion] 20 - 160 acres,
In Sec[tion] 29 - 320,
In Sec[tion] 30 - 160,
In Sec[tion] 31 - 80.
In Sec[tion] 32 - 280 acres,
In Sec[tion] 33 - 80 acres

making a total of 1360.

In T[ownship] 13 N[orth] R[ange] One West sec[tion] 24 - 160 acres

160

Making a total of 2440 acres

We also find a deed from Wilson P. Roberts in favor of E. D. Averett for one hundred sixty acres the NE quarter of Sec 29[tion] T[ownship] 18 N[orth] R[ange]One East in the State and Parrish above mentioned. We also find six head of cattle, one pony, one mule and twenty head of hogs. We E. D. Newton of the Parrish of Lincoln State of La. Natural tutor representing the minor heirs of Petronia K. Averett deceased viz. Aalar Howard, Fredrick Evander Ellis Daton, Nellie Ester, Bertha P., and Blanchard Ferand Newton. Also Horace Arthur Newton, and Lillie E. E. Walters, of Chaldrop Ca., Alabama.

James Wade of Lincoln Parrish, La natural Tutor of Florence Emma Wade, daughter of Emma Averett deceased, John Averett, Charles E. Averett, Edgar B. Averett, James E. Averett and Sallie E. Averett of Ouachitaw Parrish La. Also Georgiana Virginia Averett wife of the late E. D. Averett deceased, also Clara Estella & Hattie Irene Averett of the above Parrish and State, have on this November 27th, AD 1889 in the presence of R. B. George and Z. Murphrey lawful witnesses and residents of Ouachitaw Parrish Louisiana Covenant, and agree binding ourselves, our heirs and assigns to the following mode of closing and settling the succession of Anna Eliza, and E. D. Averett deceased situated in the Parrishes of Lincoln and Ouachitaw State above written viz: That as much as was agreed to be paid to the three eldest heirs of Anna Eliza Averett’s estate, January 11th AD 1872 Thirteen /hundred Dollars, we agree and endorse the action of E. D. Averett in said Settlement and will dispense with an administration by deeding unto Edgar B. Averett, James E. Averett, & Sallie E. Averett, sufficient land at five dollars per acre to amount to Thirteen Hundred Dollars each. That we will complete the payment of any heirs unpaid interest as per agreement of E. D. Averett made January AD 1872 excepting interest per annum on said balance, in land at five dollars per acre. We agree to deed to Georgiana Virginia Averett, wife of the late E. D. Averett deceased, with all the improvements & appurtenances there on belonging, with all the perishable co property. The said Georgiana Virginia Averett, Clara Estella & Hattie Irene Averett accepting same as their interest in land estate of E. D. Averett deceased. That we endorse the transfer of all lands made by E. D. Averett estates, deceased, situated in the Parrishes of Lincoln & Ouachitaw of State above written. We furthermore agree to carry out the sprit of the transfer of all lands sold and unpaid for, which are as follows, To Sam Green one hundred & twenty acres for which we find him due in the amount of two hundred & forty six dollars & forty cents. To James Tippit Sixty acres for which we find him due the first of January AD 1890, the sum of One hundred & eighty six dollars leaving a balance of One hundred & fourteen dollars at eight per cent per annum, payable first of January AD 1891. R. B. George, forty acres for which we find him due, One hundred Dollars, and payable as follows, twenty five dollars due on twenty seventh of November AD 1889 & thirty seven 50/100 dollars due the twenty seventh of November AD 1890 & thirty seven 50/100 dollars due the twenty seventh of November AD 1891. To the Methodist colored parsonage ten acres which we find it due by Henry Smith & John Cossrie? The sum of Thirteen dollars & 35/100 dollars with 8 per cent interest per annum from December 11, 1888. That we appoint Charles C. Averett of Ouachitaw Parrish our duly authorized agent to pr---in the collection of money due the estate of E. D. Averett on the above lands sold, and to pay out of said money all necessary expenses accruing in the closing of the successions above named, and then to partition, and to pay to each of the ten heirs, an equal portion of the remaining money so S__on. As collected. It is fully understood that the said Charles E. Averett our agent, is required to retain on all lands sold, & unpaid for, a mortgage for the purchase price. We further agree after paying Thirteen hundred less what has been paid to Edgar B. Averett, James E. Averett, & Sallie E. Averett, wife of T. H. Wade that we then divide the remaining lands belonging to the estates of Anna Eliza Averett & E. D. Averett deceased, equally between the heirs of Petronia K. Averett deceased, John Averett, Emma E. Averett deceased, Charles E. Averett, Edgar B. Averett, James E. Averett, and Sallie E. Averett, wife of T. H Wade. To the above agreement we sign in the presence of subscribing witnesses R. Murphary and R. B. George both of the Parrish and State above written on this November twenty seventh AD 1889.

Witnessed
R. B. George
Z. Murphrey
John Averett

Signatures of Heirs
C. E. Averett
E. D. Newton Tutor
J. W. Wade Tutor
E. B. Averett (His Mark)
James E. Averett (His Mark)
Thos. H. Wade & Sallie E. Wade
Horace A. Newton
John C. Walters & Lillie E. E. Walters
Per Horace A. Newton Atty
Georgia Ann Virginia Averett
Clara Estella Averett
Hattie Irene Averett

State of Louisiana
Parish of Ouachita
Before me the undersigned authority personally came and appeared R. B. George who being _______by sworn depath and says that he is a [sub?]scribing witness to the above and foregoing contract and agreement between the heirs of Averett, that all the parties whose signatures appear thereto signed the same in his presence and in the presence of Z .Murphry the other attesting witness, and for the objects and purposes therein expressed, sworn and subscribed before me the 4th day of Febry 1890. R. B. George

R. T. Young
Dy Clerk 5th D/C

Contributed by Cline Averett