Opposition filed against estate of William D. Cook, Lincoln Parish, LA
(C. Avis Catalog entry #893)
In Death Court #302
Probate Docket
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Succession of William D. Cook, dec’d
Opposition of R. L. Cox in what[?] of minor grandchildren
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Filed Oct. 13th 1902
J. W. Williams
C. D. C.
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Succession of William D. Cook, deceased
No. 302, Probate Docket Lincoln Parish, Louisiana. In District Court.
To the Hon. Judge of said Court.
R. L. Cox, a resident of your said Parish and state, with respect represents that Mrs. Nancy Cook, surviving widow of the aforesaid deceased William D. Cook, is also the administratrix of his said succession. That she has about wound up and closed out her administration of said succession, filed her final account and is about to have same homologated. That on her said account she places herself as a creditor to the amount of on thousand dollars as widow in necessitous circumstances, which will absorb all of the funds now belonging to the succession, there being only about $500 left after paying privilege debts of superior rank to her said homestead claim. That no mention is made in said succession processing of the fact that the said W. D. Cook has at his death and still has children and grandchildren by a former marriage living in and out of the state of Louisiana.
The said R. L . Cox further represents that at the date of his death the said W. D. Cook, deceased, left with other children the following grandchildren, children of W. H. Cook, dec’d, who was a son of the said W. D. Cook, deceased, viz: Luther Cook, now 14 years of age; Belle Cook, now 12 years of age; George Cook, now 8 years of age; and Henry Cook, now five years old; the first three now temporarily residing in the State of Arkansas and the last named in Union Parish, Louisiana, with those of their relatives who are charitable enough to support them. That the father and mother of these minors are both dead and said minors own absolutely nothing and are in necessitous circumstances and are the victims of poverty far more pinching in its character than that of the said surviving widow. That said minors have no tutor and no one legally authorized and empowered to represent them and no relative of theirs upon whom this duty legally devolves will undertake tutorship duties in their behalf.
That said minors are equally entitled with said surviving widow to the said one thousand dollars and its use and benefits, were so entitled at the date of the death of the said Wm. D. Cook, dec’d and have been ever since; and furthermore they are entitled to have said surviving widow give the security required by law by usufructuaries before any portion of this one thousand dollars she is claiming is paid into her hands. That he makes this application and opposition that the facts and the necessities of these minor may be made known to the court that a tutor ad hoc may be appointed to represent them in this matter.
Therefore, the said R. L. Cox prays that he be permitted to oppose the homologation of the final account in this matter and succession for the aforesaid minors. That a tutor ad hoc be appointed to represent said minors in this proceeding. That upon trial of the administratrix’s application to homologate her said account and of this opposition tune[?] to there be judgement of this court recognizing the rights of the aforesaid minors, as minor children of said W. D. Cook, dec’d, in necessitous circumstances, to share equally with said surviving widow of W. D. Cook, dec’d in the one thousand dollars claimed by her or so much thereof as said succession may be able to pay thereon. That before any part of said sum claimed by her is paid into her hands as surviving widow in necessitous circumstances she be required to give security in said minors favor as required by law from usufructuaries, for the payment of same in principal to them whenan[?] she may die or contract a second marriage. He further prays for all other necessary orders to protect said minors interest and general relief.
[signed]
Graham & Pearce
Attys for R. L. Cox
Opponent