Taking a closer look at a probate file
I went to the courthouse in Houma the other day, and one of the documents I copied was my fifth great grandmother Eloise Bergeron’s probate file. I knew it existed thanks to its being indexed in the South Louisiana Records books, but it wasn’t available anywhere online. Now it is, though. :-) I found it indexed in the courthouse books under “Widow Rhodes”. I think I looked for the file last time I went, but I don’t think I would have known to look for her under that name at that time, so I didn’t find it.
Sometimes I find it useful to transcribe documents by hand, even though I don’t really need to do it to know what’s in the document. It helps me focus on the task at hand, though, and I’m less likely to miss details if I have to analyze and reproduce every word myself as I go. So I’m going to do that. Then I’ll go back through and attempt to link to as many people mentioned in the document’s Wikitree profiles as I can. I will also add annotations and thoughts/questions that come up while analyzing the documents. I don’t know if this is going to be terribly interesting to anyone else, but it will help me a lot, and maybe someone out there can get some ideas for what to look at next.
No. 605
To the Honorable the Judge of the probate Court Having Jurisdiction in and over the parish of Terrebonne.
The petition of John R. Verret who resides in the parish of Terrebonne acting herein as public administrator would respectfully represent that Heloïse Bergeron widow of Thomas Rhodes died in said parish, leaving property of an immovable nature; that petitioner had been requested by the heirs in his [Indig?] of public administrator to take charge of and settle the said succession.
The [previous?] considered petitioner prays an inventory and appraisement of all the property of said estate be made by a competent officer of said parish, that the immoveable property consisting of a small [waif of sons?? def not right but meaning is inferred] be ordered sold for cash & for all a general relief.
A. J. Delaporte
For petitioner
Probate Parish Court
Parish of Terrebonne
Succession of Heloïse Bergeron dec’d
Petition for inventory, sale, etc.
Filed December 10, 1870
[Deputy clerk signature]
Considering the written petition let letters of administration [?] diverted to John R. Verret, public administrator in and for the parish of Terrebonne, let the inventory of the written named estate be taken by John Jewell Mushaway Recorder & ex officio a notary public & let this immoveable property of said estate be sold after ? and legal advertisements for cash.
Granted at chambers at Houma parish of Terrebonne this 15th day of December 1870.
Alexander Johnstone
Parish Judge
State of Louisiana [Fifth Judicial District is crossed out and handwritten is “Parish”] Court in and for the Parish of Terrebonne
Est of Heloïse Bergeron
To John Jewell Mushaway Esq. Recorder of the Parish
Greeting:
You are hereby authorized and empowered an Inventory and Appraisement to make, and a full description to give, of all the property, real and personal, rights and credits, deeds and papers, belonging to the above named estate, situate within the limits of your jurisdiction, after swearing and qualifying ____ as Appraisers, and notifying the parties interested to be present.
And when you shall so have taken said Inventory, be pleased to return the same to our said Court, within the shortest possible delay.
Witness my hand and the impress of the seal of the said Court, Houma, this the fifteenth day of the month of December A. D. 1870.
[Clerk signature]
[Same letterhead as above, with the court name crossed out and handwritten]
Inventory filed January 10, 1871
A. W. Francis, Clerk, Parish Court
State of Louisiana
Parish of Terrebonne
Be it known and remembered that on this the tenth day of the month of January in the year of our Lord one thousand eight hundred and seventy one.
Pursuant to a commission to me directed by the Honorable the Parish Court of the State of Louisiana sitting in and for the Parish of Terrebonne, bearing date the 15th day of December, 1870, authorizing and empowering me to take a true and faithful inventory and appraisement of all the property, real and personal, rights and credits, deeds and papers belonging to the succession of the Heloise Bergeron, deceased, which said commission is hereto annexed for reference.
I, John Jewell Mushaway, Recorder and ex-officio a notary public duly commissioned and qualified in and for the Parish and State aforesaid, at my office in the Town of Houma,
Personally came and appeared (1) Charles Meier and Ernest Picou, good and competent witnesses; (2) John Verret, appearing herein to point out the property belonging to said Estate; (3) Flavillus S. Goode and Charles W. DuRoy good and competent appraisers by me duly selected.
All of which above named persons are domiciliated in this parish.
And before proceeding the said appraisers took the oath prescribed by law, which follows, viz:
We, Flavillus Sidney Goode and Charles W. DuRoy, solemnly swear that we will faithfully and impartially and to the best of our knowledge and understanding appraise all the property which shall be pointed out to us as belonging to the above named Estate. Sworn to & subscribed before me said Recorder this 10 day of January A. D. 1871.
J. J. Mushaway, Recorder
So help us God.
F. S. Goode
Chas. W. DuRoy
The property to be appraised is pointed out by the said John R. Verret, who took the oath prescribed by law, which follows, viz:
I, John Robert Verret, do solemnly swear that I will point out and discover to the best of my knowledge to the said appraisers all the property belonging to the said Estate.
Sworn to & subscribed before me said Recorder this 10th day of January A. D. 1871.
J. J. Mushaway, Recorder
So help me God.
J. R. Verret.
After which, we proceeded as follows:
Immoveable property, a certain tract of land situated in the Parish of Terrebonne on the left bank descending the Bayou Terrebonne about one mile below the Town of Houma, measuring one arpent front by the depth of four arpents, bounded above by land of Jacques Labit and below by land of R. R. Barrow, together with all the buildings and improvements thereon.
Appraised at the sum of four hundred dollars. $400.00
Recapitulation.
Immoveable property - $400.00
Total amount - $400.00
There being nothing else remaining to be inventoried, we have closed the same, amounting to the sum of four hundred dollars.
In faith whereof, the said John R. Verret, the appraisers, witnesses, and I the said Recorder have signed these presents after due reading.
Charles Meier
[E. Huvre?]
J. R. Verret
F. S. Goode
Chas. W. DuRoy
J. J. Mushaway, Recorder
Commission to sell property returned January 12th 1871
The State of Louisiana Court, Parish of Terrebonne
Succession of Heloise Bergeron, dec’d, widow of Thomas Rhodes
To John Robert Verret Esq. Public Administrator of the Parish of Terrebonne.
Greeting:
You are hereby authorized and empowered to sell at public auction, after due and legal advertisements and a strict compliance on your part with all the formalities required by law, the following described property belonging to the aforesaid succession viz:
A certain tract of land situated in the parish of Terrebonne, on the left descending bank of the Bayou Terrebonne about one mile below the town of Houma, measuring one arpent by the depth of four arpents, bounded above by land of Jacques Labit, and below by land of R. R. Barrow, together with all the buildings and improvements thereon.
“Terms Cash”
And when you shall have so made the said sale be pleased to return your proces verbal thereof is in our said Court, within the shortest possible delay.
And have you then and there this [?] witness the Honorable Alexander Johnstone Judge of said Court this the 17th day of the month of December A. D. 1870 Mr. Burguieres, dy. clerk of said court.
Sale at auction, filed January 20, 1871
Succession Sale
Succession of Heloïse Bergeron deceased widow of Thomas Rhodes.
The State of Louisiana
Parish Court
Parish of Terrebonne
Be it known and remembered that on this the eighteenth day of the month of January A. D. one thousand eight hundred and seventy one, that by virtue of an order of sale, emanating from the Honorable the Parish Court, sitting in and for the Parish of Terrebonne, State of Louisiana, bearing date of the 17th day of December A. D. 1870.
I, John Robert Verret, Public Administrator of the Parish of Terrebonne, repaired in front of the brick building in Houma, occupied by the parish officers, for the purpose of making the sale at public auction of the property belonging to the said Estate, said sale having been advertised for more than thirty consecutive days, in both the English and French languages, by advertisements inserted in the Terrebonne Patriot a newspaper printed and published weekly, in the parish of Terrebonne, near the town of Houma.
Before proceeding with said sale, I announced in a loud & distinct tone of voice in English & French, that said sale would be made on the following terms and conditions.
Terms and Conditions
”For Cash”
And then & there being at the hour of eleven o’clock A.M. accompanied and assisted by Messr. Alfred J. Delaporte and Joseph A. Gagné, good and competent witnesses, domiciliated in the parish of Terrebonne, I proceeded with said sale in the following manner, viz:
A certain tract of land situated in the Parish of Terrebonne, on the left descending bank of the Bayou Terrebonne, about one mile below the town of Houma, measuring one arpent front, by the depth of four arpents, bounded above by land of Jacques Labit, and below by land of R. R. Barrow, together with all the buildings and improvements thereon & thereto belonging, the house of Mr. Richard King and the stable of Mr. Jean Besse, being excepted from the sale.
Adjudicated to Jean Besse, for the sum of four hundred dollars $400.00
Signed J. Besse
It being now 12 o’clock noon and nothing else remaining to be sold, I have closed the proces verbal of sale, amounting to the sum of four hundred dollars, in presence of said Mssr. Alfred J. Delaporte and Joseph A. Gagné, good and competent witnesses, who have signed these presents with me said public administrator, after the reading hereof.
[W.S.?] stamps to the value of fifty cents are hereto affixed and duly cancelled according to law.
J. Besse
A. J. Delaporte
Jos. A. Gagné
J. R. Verret
Public Administrator
Parish of Terrebonne
Recorder’s Office
Terrebonne
I certify that the foregoing has been duly recorded in Book “Z” of Conveyance page 323, this day according to law.
Witness my hand and the impress of the seal of my office at Houma this 19th day of January A. D. 1871.
J. J. Mushaway
Recorder
John R. Verret public administrator
In account with the Estate of Heloïse Bergeron widow of Thomas Rhodes.
Amount received from process of sale…. $400.00
Amounts paid to J. J. Mushaway Recorder… $15.00
” Clerk Francis…………………….$13.50
” Terrebonne Patriot advertising……..$18.00
” Public adm’s fees…………….$35.00
” State & parish taxes…………..$5.00
” Delaporte atty…………..$25.00
Reserved for costs……$20.00
To balance for distribution…. $268.50
Costs of ejectment……$6.50
$262.00
To be distributed amongst eight heirs as follows. [$32.75 each]
Celestine “ wife Narcisse Marcel
Lavinia “ wife of Robert Chapman
Louisiana “ wife of Jules Crochet
Richard “
George King dec’d and represented by a minor
Parish Clerk
Terrebonne
Succession of Heloïse Bergeron
Petition with final tableau
Filed March 10, 1871
Burguieres, dep’y clerk
Upon considering the within tableau, it appears that all the formalities of the law have been strictly complied with and that the said tableau has been regularly published as required by law, in the “Terrebonne Patriot”, a newspaper published weekly in the town of Houma, for more than 30 days as required by law.
It is therefore ordered, adjudged and decreed that the said tableau be approved & homologated, and that the said administrator upon filing vouchers of the proposed payments be discharged from the administration of said estate.
Thus done & signed in open court at Houma, Parish of Terrebonne, this the 13th day of April, A. D. 1871.
Paul Gaidry
Parish Judge of Terrebonne
To the Honorable the Judge of the Probate Court of the Parish of Terrebonne
The petition of John R. Verret the duly justified public administrator of the parish of Terrebonne, and herein acting as the administrator of the estate of Heloïse Bergeron widow of Thomas Rhodes.
Would respectfully represent that he has caused the property of said Estate to be sold, that the price received therefore amounted to four hundred dollars, that the indebtedness of the estate amounts to the sum of one hundred thirty eight dollars, leaving a balance one and to be distributed to the heirs eight in number of two hundred and sixty two dollars the proportion being thirty four 75/100 dollars to each heir and shown by the [?] hereunto annexed marked “A”.
The [premesis?] considered petitioner prays this tableau y amount be duly filed [?] and homologated, that he be discharged from this administration on producing his receipts y vouchers for payments made and petitioner prays for all y General Relief and as am Duty Bound will ever pray
A. J. Delaporte
For petitioner
Parish Court
Terrebonne
Succession of Heloïse Bergeron
Petition with tableau
Filed March 10, 1871
Mr. Bourgieres, d’y clerk
Upon reading & considering the within petition, let the same be filed, together with tableau, let the tableau be published in the “Terrebonne Patriot” for the space of time required by Law, the whole according to Law.
Granted at Houma, in Chambers at the parish of Terrebonne this 10th day of March A.D. 1871.
Paul Gaidry
Parish Judge of Terrebonne
List of evidence filed April 13th 1871
The State of Louisiana
Parish Court Parish of Terrebonne
In the matter of the succession of Heloïse Bergeron dec’d
List of evidence taken in the homologation of the above named estate
[here there’s the same account of costs and amount to each heir as previously transcribed]
Notices in French & English for the final accounts of administration in the above estate, published in the Terrebonne Patriot, a weekly newspaper published in the town of Houma, said tableau having been advertised in its issues of March 11th, 18th, 25th, April 1st and April 8th, 1871.
Evidence closed this the 13th day of April A.D. 1871.
Burguieres d’y clerk of said Court
Paroisse Terrebonne ce 18 janvier 1871, rec’d de Mr. J. R. Verret Administrateur Public de la paroisse Terrebonne, la summe de treinte deux & 75/100 piastres e’tant le montant qui me reviens de la succession de feu Heloïse Bergeron veuve Thomas Rhodes. ceci etant une quittance pleine et entiere pour ma part dans la dite succession.
Jacques Rhodes
Received Houma April 13th 1871 from J. R. Verret public adm. the sum of fifteen dollars being for amount of my fees against the estate of Heloïse Bergeron, for inventory & recording of sale
J. J. Mushaway
Recorder
State of Louisiana Parish Court
Clerk’s Office, Houma, Parish of Terrebonne, this the 18th January 1871.
Succession of Heloïse Bergeron dec’d
A.J. Delaporte Att’y
To Clerk’s fees (Francis) …. $13.50
Received payment Burguieres d’y clk
Received April 13th 1871 from J. R. Verret public adm. the sum of thirty five dollars for public administration commission in the estate of Heloïse Bergeron.
J. R. Verret
Public Adm.
Houma La.
January 18th 1871
Received of J. R. Verret public administrator, the sum of eighteen dollars for publishing notice of administration of Heloïse Bergeron.
William H. [M..?]
For Patriot
Received of J. R. Verret public adm. five dollars for taxes of the estate of Heloïse Bergeron.
J. R. Verret
January 18th 1871, deputy collector
J. R. Verret adm. of est. of Heloïse Bergeron to A. J. Delaporte
Attys fees… $25.00
Rec’d payment April 13th 1871
A. J. Delaporte
Receipt from April 12, 1871 to the Terrebonne Patriot
To publishing final tableau French & English in said estate 10 days…$14.50
Clerk’s fees…$5.50
Received payment [seemingly the clerk was also accepting the payment for the newspaper]
Est. Heloïse Bergeron
To C. W. DuRoy L. P.
To [?] in case ejectment……….$6.50
Pay above to J. M. Burguieres Esq. & oblige
To Jean Robert Verret Esq.
Houma La.
Yours truly,
Chas. W. DuRoy
$32.75 received Houma April 15th 1871 - from John R. Verret Esq. public administrator the sum of thirty two 75/100 dollars being the amount coming to me from the estate of my mother Mrs. Heloïse Bergeron as per tableau filed & homologated by the Honl’ the Parish Court of Terrebonne.
Attest = M. Burguieres
R. King
$32.75 received Houma April 19th 1871 from Jno. R. Verret Esq. public administrator the sum of thirty two 75/100 dollars, being the amount coming to me from the estate of my deceased mother Mrs. Heloïse Bergeron, as per tableau filed & homologated by the Honl’ the Parish Court of Terrebonne.
Attest = M. Burguieres
Charles Hatch X his mark
$32.75 received Houma April 19th 1871 from Jno. R. Verret Esq. public administrator the sum of thirty two 75/100 dollars, being the amount coming to me from the estate of my deceased mother Mrs. Heloïse Bergeron, as per tableau filed & homologated by the Honl’ the Parish Court of Terrebonne.
Attest = M. Burguieres
Thomas King X his mark
$3.65 received Houma May 6th 1871 from Jno. R. Verret Esq. public administrator the sum of three 65/100 dollars, being the amount coming as one of the heirs of my deceased mother Celestine Rhodes in the matter of the estate of Heloïse Bergeron decd.
Attest = M. Burguieres
Luvinia Marcel X her mark
Ivan Bonvillain X his mark
$32.75 received Houma May 17th 1871 from Jno. R. Verret Esq. public administrator the sum of thirty two 75/100 dollars, being the amount coming to my minor children, from the succession of Heloïse Bergeron dec’d widow of Thomas Rhodes being the amount coming to them from said succession, as per tableau filed by J. R. Verret, public administrator of the Parish of Terrebonne.
Attest = M. Burguieres
Jules Crochet X his mark
$3.65 received Houma June 10th 1871 from Jno. R. Verret Esq. public administrator the sum of three 65/100 dollars, being the amount coming as one of the heirs of my deceased mother Celestine Rhodes in the matter of the estate of Heloïse Bergeron decd.
Ceade Marcel (but in the handwriting of Burguieres)
$3.65 received Houma July 1st 1871 from Jno. R. Verret Esq. public administrator the sum of three 65/100 dollars, being the amount coming as one of the heirs of my deceased mother Celestine Rhodes in the matter of the estate of Heloïse Bergeron decd.
Witness Chas. DuRoy
Thomas Marcel X his mark
$3.65 received Houma July 21st 1871 from Jno. R. Verret Esq. public administrator the sum of three 65/100 dollars, being the amount coming as one of the heirs of my deceased mother Celestine Rhodes in the matter of the estate of Heloïse Bergeron decd.
Attest = M. Burguieres
Marie Marcel X her mark
Joseph Crochet X his mark to authorize & assist my wife
$3.65 received Houma July 25, 1871 from Jno. R. Verret Esq. public administrator the sum of three 65/100 dollars, being the amount coming as one of the heirs of my deceased mother Celestine Rhodes in the matter of the estate of Heloïse Bergeron decd.
Attest = M. Burguieres
Louise Marcel X her mark
Onezipe Materne X his mark to authorize my wife
$3.65 received Houma July 28th 1871 from Jno. R. Verret Esq. public administrator the sum of three 65/100 dollars, being the amount coming as one of the heirs of my deceased mother Celestine Rhodes in the matter of the estate of Heloïse Bergeron decd.
Attest = M. Burguieres
Survilia Marcel X her mark
Neuville Callahan X his mark to authorize my wife
$10.91. Received Houma January 4th 1872, from J. R. Verret public administrator the sum of ten dollars & ninety-one cents being my share of one-third as one of the heirs of Lavinia King, wife of Robert Chapman deceased, our mother being one of the heirs in the estate of Heloïse Bergeron to the proportion of one eighth.
Eliza A. Chapman
John J. Horton
Houma La. September 13, 1873
3.65
Rec’d from John R. Verret public administrator and as such administrator of the succession of Heloïse Bergeron; the sum of three 65/100 dollars, being the dues coming me out of my deceased mother (Celestine Rhodes) share in said succession.
Attest Burguieres
Robert Marcel X his mark
Houma La. September 13, 1873
3.65
Rec’d from John R. Verret public administrator and as such administrator of the succession of Heloïse Bergeron; the sum of three 65/100 dollars, being the dues coming me out of my deceased mother (Celestine Rhodes) share in said succession.
Attest Burguieres
Severine Marcel X her mark
Jean B. Gross X his mark
Costs of ejectment
I saw this line item and wondered what it was about. What is “ejectment”? Wikipedia to the rescue…
Ejectment is a common law term for civil action to recover the possession of or title to land.
Originally, successful ejectment meant recovery of possession of land, for example against a defaulting tenant or a trespasser, who did not have (or once had no longer did) any right to remain there. It has continued to be used for this, though in some jurisdictions the terminology has changed.
So it’s somewhat like eviction, but the purpose is to recover your property from people who never had a right to be there and so were never “tenants”. I’m not sure why it’s included here; whether this is something that was a standard line item “in case” it was needed, or whether this process was actually relevant to Eloise’s succession. It wouldn’t surprise me if the paperwork proving a clear title was not available to her descendants, but I would think that it should be easily findable in the parish conveyance records.
Where was Eloise’s land?
It seems highly possible to me that Eloise’s land was obtained as part of her inheritance from her father’s estate; he owned a large tract of land on Bayou Terrebonne that he obtained as a Spanish land grant. This was divided amongst his (many) heirs when he died.
I have a book that is an annotated version of the 1810 census in modern-day Assumption, Lafourche, and Terrebonne Parishes (at that time, all considered part of Lafourche). The book includes maps that show where people’s land was along the bayous; this was generated by comparing records from places like the American State Papers with old plat maps. It’s really useful when trying to figure out where people lived.
In that book, I can see where Charles Bergeron’s land was. It was just south of Halfway Cemetery, which is on Bayou Terrebonne between Thibodaux and Houma. His land included frontage on both sides of the bayou. Even in 1810, a piece of that had already been carved off and was the property of Charles’s son, Jean Baptiste.
I was also able to find a reference to Jacques Labit’s land. Eloise’s property was bounded “above” (upriver) by property belonging to Labit. The 1810 census included a person named Francois Sylla, who was living on “land of Jacques Labit; descending on Bayou Terrebonne, just before Gray”.
That sounds like the same area Charles Bergeron’s land was in. The only inconsistency here (and it’s a pretty big one) is that Gray is not “below Houma”. Neither is Halfway Cemetery. Charles Bergeron’s land (and Labit’s land) was not below Houma, but Eloise’s property is described as being about one mile below Houma. Could be that that was an inaccurate description; could be that Eloise obtained a different piece of land some other way than the obvious. I would need to examine the conveyance records in detail, beyond just the ones that are posted in abstract online (up to the 1830s only). Barrow, the other mentioned neighbor, didn’t own land in this area until later, so I didn’t expect to find anything about him in the 1810 census book. He also owned many properties, not just one.
This map shows where Charles Bergeron’s land was, roughly. It’s perhaps notable that, while this land is not a mile below Houma, “about a mile above Houma” might be an accurate description for at least part of his original land grant.
Thomas Rhodes, Eloise’s first husband, was present in Terrebonne in 1810. He was married to his previous wife, Eulalie Lirette. The 1810 census book notes that he was located in T15S, R16E, sec. 84 along Bayou Terrebonne. That was just above where Charles Bergeron’s land was. When he sold his plantation to Lemuel Tanner in 1817, the property was described like this: "a tract of land containing 20 arpents front on each side of Bayou Terrebonne, bounded above by the heirs of Charles BERGERON (deceased), below by Henry A. THIBODAUX. Witnesses included Sam COOK, James COOK, and Theodorick Y. JAMES.”
Lemuel Tanner went on to be the proprietor of Magnolia Grove plantation, which still exists in some form in Schriever (again, not below Houma—this is the same area as the Bergeron/Labit lands I discussed above). This is the location:
There’s still a house there, although it’s not open to the public at all.
There are some other references to Eloise’s land in the early conveyances.
No. 32 Pg. 60 On August 71 1822 Auguste BERNOU sold 3 Arpens of land to Narcisse MARCELLE and wife Marianne LEBOEUF fronting on leftbank of Bayou Terrebonne acquired this date at Public Sale bounded above by land of Henry S. THIBODAUX and below by land of Heloise BERGERON wife of RHODES. Witnessed by Caleb B. WATKINS and Aaron HAINS.
No. 398 1/65 On October 30, 1826 Henry S. THIBODAUX as he was curator ad bona, sold land to Pauline GUIDRY, as he has attained the age of majority, and to whom he was accountable for $150.00, in consideration of that sum, H. S. THIBODAUX sells to Pauline GUIDRY, a piece of land, situated in this parish, on both banks of Bayou Terrebonne, containing 1 arpent front, more or less, or whatever may be found within the following limits, all found on right bank of said bayou, between the lower line of Jean MARONGE and upper line of Mrs. RHODES and on the left bank, whatever is found between lower line of Narcisse MARCEL and upper line of Benjamin or Antoine CALVET, having a depth of 10 Arpens on right side and 20 Arpens on the left side. Witnessed by W. C. WATKINS and Jean Baptiste BEAUSERGEANT.
No. 687 3/446 On September 28, 1828 Mrs. Pauline GUIDRY, assisted by her husband Joseph CHIASSON, sold, ceded, abandoned and delivered to Napoleon GUIDRY, a minor boy, assisted by his mother Mrs. Jean Bte. BEAUSARGENT, his curator to wit; 1 arpent front, more or less, with depth of 20 arpens on left bank of Bayou Terrebonne and 10 arpens depth on right bank of Bayou Terrebonne, bounded above by land of Mrs. RHODES and below by land of Jean MARONGE and Narcisse MARCELLE. Same land was acquired by vendor from Henry S. THIBODAUX by act in this office, for $300.00. Witnessed by A. H. VERRET and Joseph DELAPORTE.
No., 1588 Pg. 195-196 M 2/300 On March 21, 1835 Celestin BERGERON, inhabitant of Terrebonne Parish, acknowledged her received from Hypolite LANDRY, of Ascention Parish, guardian of Marcelin BABIN and Charles Dennis BABIN, minor children of Joseph BABIN, deceased, and Marguerite GAUDIN, deceased, the sum of $558.00, being total amount of the parts coming to Marcelin BABIN and Charles Dennis BABIN, in the succession of their parents, as appears in the court of testimony of Parish of Iberville, dated June 12, 1833. Sum was loaned by Hypolite LANDRY to Celestin BERGERON, to be repaid when children reached the age of majority. From Caleb WATKINS, of Terrebonne Parish, administrator of the succession of Mr. & Mrs. Charles GAUDIN, said Lincourt, they received the sum of $103.61, for the part coming to Charles Dennis BABIN, in the succession rendered in September 1833. Celestin BERGERON, wanting to assure Hypolite LANDRY. Mortgaged one habitation, situated in Terrebonne Parish, on both sides of Bayou Terrebonne, having two and one-half arpents front, by about thirty arpents depth, on the left side and about ten arpents depth on the right side, bounded below by land of Marcelin BERGERON and above by land of John A. GIBSON, and on the left side, land of Mrs. RHODES, and a negress, named Demitile, age about 22 years, and her children Daniel, a boy about 5 years of age, Benjamin, a boy about 1 year of age and Phrasie, a girl about 7 years of age. Witnessed by Auguste Hortado VERRET and Philippe A. SARGENT.
This one is related to the division of her father’s estate:
No. 500 1/22 On March 14, 1821 an agreement between the heirs of Charles BERGERON and Henry S. THIBODAUX to wit, the undersigned heirs of the late Charles BERGERON declare by these presents, that we received from Henry S. THIBODAUX, for all our claims, on the titles standing in name of Jean Bte. BERGERON, Charles BERGERON and Pierre BERGERON, in consideration that 6 arpens for Pierre BERGERON, 6 arpens for deceased widow of Charles BERGERON, three of which remain to the minors Arsene & Pierre LAMBERT, 6 arpens for Jean Baptiste BERGERON, 6 arpens for Ann Marie BERGERON wife of Auguste BABIN, 6 arpens for Marguerite BERGERON widow Pierre GUIDRY, 6 arpens for Alexandre BERGERON, 5 1/2 arpens for Guillaume BERGERON, 5 1/2 arpens for Mrs. RHODES, 5 1/2 arpens for Jean Charles BERGERON, 5 1/2 arpens for Celestin BERGERON, 5 1/2 arpens for Magdelaine BERGERON, 5 1/2 arpens for Rosemond BERGERON, 5 1/2 arpens for Adelaide BERGERON, wife of Leandre THIBODAUX, do abandon all lands above which may be found over and above the 80 arpens mentioned. Witnessed by L. B. THIBODAUX, F. BOZE Jr. and Hubert BELLENGER.
So… it looks like Charles Bergeron’s original land claim was potentially far larger than what eventually was divided amongst his heirs. The heirs eventually agreed to give up all claims to lands beyond the 80 arpents described here. Eloise received 5 1/2 arpents. The land she possessed at the time of her death was one arpent front (so one arpent of bayou-front) by four arpents depth. Pretty similar size; perhaps she sold some of the land at some point.
Indeed, in 1825, Eloise sold a piece of her land to Antoine Calvet.
No. 329 2/252 On December 24, 1825 Eloise BERGERON sold to Antoine CALVET, land siturate in this Parish, containing 2 arpens front on left bank of Bayou Terrebonne, by depth certificate of confirmation calls for, bounded above by land of Henry S. THIBODAUX and below by land of Eloise BERGERON. Witnessed by Lemuel TANNER and L. B. THIBODAUX.
It seems to me that the most likely location for Eloise’s land was between Houma and Thibodaux, around what is now Schriever. Why did so many of her descendants eventually move further down the bayou? It’s a question I have been curious about for a long time. People don’t just move for no reason; why did these people move?
The value of Eloise’s estate
Eloise’s entire “estate” consisted of her one piece of real estate. It was valued at $400 in 1870. According to Google:
Each of her children (or their descendants, if they had died) received about $32, which was divided up further if they were splitting it with siblings because their parent had died. That’s equivalent to about $700 each, today. So… not a whole lot of money, but certainly not nothing!
“Widow of Thomas Rhodes”
Eloise’s succession was filed under “Widow Thomas Rhodes”. However, by the time Eloise died in 1870, she had not had anything to do with Thomas Rhodes for decades. He was gone by about 1818, when he bigamously married again and started a new family in Alabama as though he’d never had one in Terrebonne. He actually died in 1865, several years before Eloise. Eloise had had children by two other men in the meantime, and at the end of her life her partner was yet a third man, with whom she had no additional children. None of this is mentioned anywhere in her succession; she’s just “widow Thomas Rhodes”.
I doubt she’s mentioned in his succession. I wonder if Rhodes’s kids with her are mentioned at all. According to original research (with sources! I found it in the vertical files of the Pascagoula library. Thomas’s family ended up settling in that area in the end) by a very talented researcher who was a descendant of Thomas and his first wife, Eulalie Lirette, via their daughter, Elizabeth, who went with Thomas to Alabama and stayed over there permanently, when Thomas first left Eloise, he initially took her two Rhodes children with him. They were only returned to Terrebonne after Thomas’s new wife had a problem with them. Thomas’s solution was, allegedly, to send them to an orphanage in New Orleans. From there, they are supposed to have made their way back to their mother somehow. So… he cared for them enough to take them with him initially, but not enough to not dump them in an orphanage to appease his new wife. He was a shit dad; there’s no way around it.
I should note that, to me, Eloise’s being called “Widow Rhodes” even after her death is strong evidence that she only actually married that one time, to Rhodes. People have disagreed strongly with me on this, but I just don’t see any way she could have married any of her other baby daddies. She was still legally married; that would have been bigamy and therefore illegal without proof that she wasn’t still bound by her first marriage contract. It doesn’t mean she’s a whore for having kids out of wedlock. What else was she supposed to do? I doubt she was able to easily challenge Rhodes or file for divorce. Divorces required an act of the legislature back then. No record exists of Eloise and Thomas divorcing, but that would be easily findable if they had gone through the legislative divorce process. They didn’t. He was gone; she was still there. She made do.
Richard King’s house
Richard, Eloise’s son, and my ancestor, apparently lived in a house located on his mother’s property. His last stepfather, Jean Besse, also had a stable on the property. Jean Besse ended up purchasing the property from Eloise’s succession for $400, but Richard’s house was excluded from this sale. Where did that put Richard, as far as the title to his home? Is it possible to own a house but not the land it sits on?
On the 1870 census, we find Richard and his family in ward 6 of Terrebonne Parish, next door neighbors to his half brother Charles Hatch.
In 1880, they are found in ward 4, which I believe is closer to where my known family ended up. (Near Woodlawn / Ashland plantations, on Bayou Grand Caillou). On the 1880 census, some of Richard’s closest neighbors are people I was able to trace back to when they were previously enslaved by James Cage of Woodlawn. The Cages themselves are on the previous census page from my family that year.
A lot of the neighbors on the 1870 seem to also be in ward 4 on the 1880, although it’s hard to be sure as the household configurations seem totally different, making easy comparison very difficult. It’s possible that the ward maps were redrawn between censuses, but even so… Woodlawn’s not in Schriever or even particularly close by. At some point, they had to have moved down the bayou, and it seems to have happened between 1870 and 1880. Why is still a mystery to me.
Charles Hatch
Charles Hatch was Eloise’s son with Sylvanus Hatch, born prior to her relationship with Aaron King. They never married; however, like Thomas, Sylvanus left her with their kid together & moved away to start a new family as though he had never had a child with her at all. He ended up in Texas and lived to a ripe old age. He doesn’t seem to have been in Terrebonne very long, just long enough to impregnate Eloise.
I don’t know much about Charles at all; he married a Bourg. I’ve never seen any indication that they had any kids. He’s found on the census with or near his relatives for years, but then he disappears and I can’t find any indication that he died. Haven’t been able to find his wife after that, either. They could very well have simply moved away.
Eloise’s succession case shows that Charles was illiterate. He signed his receipt of his share of Eloise’s estate with an X.
Richard King’s signature
Richard seems to have been the only one out of all his mother’s heirs (with the possible exceptions of Eliza Chapman, daughter of Elise Ann who had already died by the time Eloise did, and of Jacques Rhodes, who signed his name, albeit shakily) who was not illiterate.
Why is that? That’s weird. Even his younger brother, Thomas (also my ancestor), made his X mark.
My favored explanation is that the reason for this is that Aaron King wasn’t illiterate and taught his son to read and write. Richard was the oldest son, and therefore was around his father more than his siblings were before he died or disappeared. Perhaps Aaron didn’t have time to teach his other children to read and write because he was gone before they were old enough to learn. Otherwise, you’d think surely Thomas, at least, would have learned.
Thomas King’s signature
He made his mark; he was illiterate. See above discussion on Richard King’s literacy. It’s odd to me that Thomas couldn’t sign his name, but his brother could, but possibly explained by their father’s early departure from their lives.
Jacques Rhodes
Interesting because he seems to have been at least partially literate, but also seems to have only spoken French. His receipt for his share of the inheritance is in French; the only one out of all of them that is. His signature is childlike and makes me think he wasn’t actually meaningfully literate, even if he could manage to almost passably scribble out his own name.
Jacques only speaking French makes sense; his mother certainly spoke French. She may have spoken some English, but French was surely her native tongue. Were her children with Aaron King all raised bilingual? It seems likely to me. It’s also interesting that none of the other Rhodes descendants seemingly needed the receipt written in French, but both Rhodes children married people from French backgrounds, so I’m not sure where they would have picked up English that Jacques wouldn’t have also.
I haven’t seen anything to indicate that Thomas Rhodes, Sylvanus Hatch, OR Aaron King spoke French. That doesn’t mean they didn’t, but… if they didn’t, she couldn’t even communicate properly with the fathers of her children. That seems… pretty lonely. But 3/4 of her domestic partners were anglophones. Only Jean Besse was French.
John J. Mushaway, Alexander Johnstone, et al
As I was trying to identify all the people mentioned in Eloise’s succession, I had to dig a bit to find John Jewell Mushaway. He’s actually really interesting, and so is his dad. His dad, James Mushaway, was in New Orleans by 1840. During and after the Civil War, he was a prominent Unionist. He volunteered to fight on the Union side. John J., the son, appears to have also been a Union sympathizer. He is listed with a group of names involved in political organizing for the purpose of getting Louisiana back in the Union, even before the war ended. They had definite pro-abolitionist connections.
Mushaway isn’t even the only person involved in the parish government in Terrebonne and named on this document who was a part of the “Radical Republican” cause. Judge Alexander Johnstone was also involved, as was A. W. Francis. It seems that Eloise’s succession occurred while the parish was in the control of the “carpetbaggers” during Reconstruction. A huge gathering of “radicals” occurred in Houma in the late 1860s. It’s not clear if it was held there because Houma was a particularly pro-Republican place (seems unlikely given the entire sugar economy was dependent on slavery, but also perhaps possible because most of the wealthy planters were Northerners and may have wanted to remain a part of the Union for reasons other than desiring the abolition of slavery).
Will have to learn more about the Reconstruction-era government of Terrebonne later. I’m very curious how that was received and what the fates were of the people involved. John J. Mushaway, at least, moved to Texas by 1880. It seems he may have been controversial in Terrebonne; one newspaper article mentions the “treatment [Mushaway] received in Terrebonne” and implies that whatever it was had happened because he had attempted to purchase the political sympathy of the freedmen, unsuccessfully. (But that paper is also heavily slanted towards the other side, so I take it with a grain of salt.) Perhaps he was retaliated against… his father was certainly harangued for a long period of time by people with opposite political views, at least once even being arrested and held in jail because of invalid charges of fraud. Once in Texas, John J. ran a grocery store until he retired.
Terrebonne Patriot
The succession case repeatedly references a weekly newspaper published in Houma at the time called the Terrebonne Patriot. This is the paper that the legally-required advertisements of the succession were published in. I have never seen this paper digitized; I wonder if there are still extant copies somewhere? Would love to look at that, as it seems it may be the paper most used by my family, at least during the time it was published.
Worldcat shows a few locations having it on microfilm, including the library at LSU. ChroniclingAmerica has this:
So this paper was published by R. W. Francis, one of the parish government officials mentioned in Eloise’s succession and one of the “radical Republicans” in Terrebonne in 1870. The paper was only published between 1868-1874 or so. But who knows what else is in there?!
You mention "while this land is not a mile below Houma, “about a mile above Houma” might be an accurate description for at least part of his original land grant"
My reaction is that "below" and "above" can be perhaps construed differently. For example in the same way that "up" and "down" are terms used to describe the direction of a train on a railway, with "up" usually referring to the direction towards the major location in a state, not anything to do with altitude. Looking at the wikipedia article https://en.wikipedia.org/wiki/Rail_directions that seems to be more a British thing rather than US ...
In concludion perhaps in the 19th century the US used "below" differently than we might today.
Wow, you've taken a hugely deep dive into the records! Kudos!